Terms and Conditions
Terms and Conditions for Strategic Marketing Solutions Inc.
Terms and Conditions of Use
I, the Strategic Marketing Solutions User or Company Representative, DECLARE THAT I HAVE READ AND AGREE TO THE TERMS OF SERVICE, AND AGREE TO THE FOLLOWING:
**IF YOU DO NOT AGREE WITH ANY TERMS ON THIS WEBSITE, PLEASE LEAVE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND TO FOLLOW THE “RESPONSIBLE USE OF SERVICE” TERMS, DO NOT UTILIZE Strategic Marketing Solutions.COM. THANK YOU.**
SECTION A, TERMS AND LIABILITY:
A. Strategic Marketing Solutions will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of Strategic Marketing Solutions facilities or commencement of service.
B. IN NO EVENT WILL Strategic Marketing Solutions BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT Strategic Marketing Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
C. Strategic Marketing Solutions will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by Strategic Marketing Solutions, including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via Strategic Marketing Solutions service; and (ii). All other allegations and claims arising out of any intentional act or omission by CUSTOMER or others authorized by CUSTOMER to use the service, in connection with any service provided by Strategic Marketing Solutions
D. Strategic Marketing Solutions Inc MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. Strategic Marketing Solutions DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON Strategic Marketing Solutions BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY Strategic Marketing Solutions.
E. Strategic Marketing Solutions Inc will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in Strategic Marketing Solutions offerings made to CUSTOMER, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with Strategic Marketing Solutions services.
F. Strategic Marketing Solutions may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
SECTION B, RESPONSIBLE USE OF SERVICE:
IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING Strategic Marketing Solutions WITH THE “RESPONSIBLE USE OF SERVICE” TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY StrategicMSI.COM. THANK YOU. **.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF Strategic Marketing Solutions website, WHICH IS PROVIDED BY Strategic Marketing Solutions Inc. BY ACCESSING Strategic Marketing Solutions website, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY Strategic Marketing Solutions AT ANY TIME IN ITS DISCRETION. YOUR USE OF Strategic Marketing Solutions website. AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF this website.
The terms “we”, “us”, and “our” refers to Strategic Marketing Solutions Inc. The term the “Site” refers to Strategic Marketing Solutions Inc. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term the “Service” refers to the services and/or products provided by Strategic Marketing Solutions Inc. The term the “Content” refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term “Submissions” refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Strategic Marketing Solutions via our Site, Service, or company email or regular mail.
Other Documents Included In These Terms And Conditions By Reference
Use of the Site and Service
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the Service is subject to change. Strategic Marketing Solutions makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. Strategic Marketing Solutions disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video and/or audio format and is provided for the user’s convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Strategic Marketing Solutions may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.
In order to use the Service, you may be required to provide information about yourself including your name, email address, user name and password and other personal information including payment information. You agree that any registration information you give to Strategic Marketing Solutions will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without Strategic Marketing Solutions express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Strategic Marketing Solutions. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, see our address below.
Material You Submit to the Site
Strategic Marketing Solutions prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Submissions
We claim no intellectual property rights over your Submissions to Strategic Marketing Solutions. You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to Strategic Marketing Solutions remain yours to the extent that you have any legal claims therein. You agree to hold Strategic Marketing Solutions harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a global, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Strategic Marketing Solutions respects the intellectual property of others, and we expect our Site users to do the same. Strategic Marketing Solutions may, in appropriate circumstances and at its discretion, refuse Service and/or Site access to users who may be intentional or repeat copyright infringes. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, or if you are uncertain whether your material is protected by copyright laws, we suggest you contact an attorney knowledgeable in copyright law. United States copyright law provides that you will be liable for damages (including damages, costs and attorneys’ fees) if you materially misrepresent that a website or web page is infringing your copyright.
If you do wish to file a notice of infringement related to our Site, please provide Strategic Marketing Solutions the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
1. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed, sufficient to identify the property;
2. A description of where the material that you claim is infringing is located on the Site, including the URL, the exact webpage, and a description of the specific material on the page which you claim is infringing on the copyright;
3. Your name, address, telephone number, and email address;
4. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or as agent authorized to act on behalf of the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner below the above statement.
You may give the above notice to Strategic Marketing Solutions IP agent to the following address: 6213 Clamshell Dr. Wake Forest, NC 27587
Counter notification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with Strategic Marketing Solutions implicating you, Strategic Marketing Solutions will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notification with Strategic Marketing Solutions. If Strategic Marketing Solutions receives a valid counter-notification, the removed or blocked information will be restored or access re-enabled. The information will be restored in not less than 10, nor more than 14, business days following receipt of the counter notification, unless Strategic Marketing Solutions first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringe from engaging in infringing activity relating to the material on this Site.
If you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. United States copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
Our Intellectual Property
The Site and Service contain intellectual property owned by Strategic Marketing Solutions, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Strategic Marketing Solutions name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Material Connection, Good Faith Recommendations and Compensation
Unless otherwise expressly stated, you should assume that all references to products and services on Strategic Marketing Solutions are made because material connections exist between Strategic Marketing Solutions and the vendor of the mentioned products and services (“Vendor”).
Strategic Marketing Solutions recommends products and services on Strategic Marketing Solutions based in part on a good faith belief that the purchase of such products or services will help our users. Strategic Marketing Solutions has this good faith belief because (a) Strategic Marketing Solutions has tried the product or service mentioned prior to recommending it or (b) Strategic Marketing Solutions has researched the reputation of the Vendor and has made the decision to recommend the Vendor’s products or services based on the Vendor’s history of providing these or other products or services. The representations made by Strategic Marketing Solutions about products and services reflect Strategic Marketing Solutions honest opinion based upon the facts known to Strategic Marketing Solutions at the time a product or service is mentioned on Strategic Marketing Solutions.
Strategic Marketing Solutions opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Strategic Marketing Solutions has been compensated or will be compensated because of Strategic Marketing Solutions business relationships with the Vendor.
The type of compensation Strategic Marketing Solutions receives may vary. In some situations, Strategic Marketing Solutions may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor’s products or services on Strategic Marketing Solutions.
In other instances, Strategic Marketing Solutions may receive a monetary commission or non- monetary compensation when you take action based on the content of Strategic Marketing Solutions. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on Strategic Marketing Solutions.
In some cases, Strategic Marketing Solutions and a Vendor will have a business or personal relationship that does not involve the Strategic Marketing Solutions receiving compensation related to products and services mentioned on this website. However, the nature of the relationship could be seen as sufficient to establish a material connection between Strategic Marketing Solutions and the Vendor.
Because there may be a material connection between Strategic Marketing Solutions and Vendors of products or services mentioned on Strategic Marketing Solutions, you should always assume that Strategic Marketing Solutions may be biased because of Strategic Marketing Solutions relationship with a Vendor and/or because Strategic Marketing Solutions has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on Strategic Marketing Solutions (or any other website).
Earnings and Income Disclaimers
When Strategic Marketing Solutions informs you about or makes reference to business opportunities or money-making opportunities, you understand and agree we have made no promise, representation, implication, warranty, suggestion, projection or guarantee whatsoever that you will make a certain amount of money, or any money, or not lose money, as a result of pursuing such opportunities or using our products and services, and that we do not authorize any such promise, representation, implication, warranty, suggestion, projection or guarantee by others.
Any earnings, revenue, or income statements or examples are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration in your decision to use our product or service. As with any business, your results will vary and will be based on your personal capabilities, experience, knowledge, level of desire, work ethic, time invested and an infinite number of variables beyond our control, including variables we or you have not anticipated. Accordingly, there are no guarantees concerning the level of success you may achieve.
Testimonials, case studies, and examples found at Strategic Marketing Solutions are exceptional results, are not representative of the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third-party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at Strategic Marketing Solutions.
We make no assurance that any prior successes or past results as to earnings or income referred to on this Site will apply in your situation, nor can any prior successes be used as an indication of your future success or results from using any of the information, content, or strategies on this Site. If you rely upon any figures provided on this Site, you must accept the entire risk of not doing as well as the information provided, and only risk capital should be used.
Usage of Strategic Marketing Solutions products and services constitutes customer’s acceptance of Strategic Marketing Solutions billing policy, and all customers must comply with this billing policy.
Special note regarding signed contracts: If you entered into a signed contract for your services, such as an annual or semi-annual contract, please review your contract for specific terms relating to your obligations in addition this billing policy. In the event the terms of your signed contract conflict with these terms, the signed contract will prevail.
- Unless otherwise agreed in writing, all accounts are set up on a prepaid basis, and payment must be received by Strategic Marketing Solutions before any billable product or service is provided or activated. Customers are required to keep a valid credit/debit card on file to charge for recurring monthly service/subscription fees or phone number fees.
- Subscription billing is based on availability of products and services, not based on usage. However, certain fees may be usage-based such as phone call usage fees or overages.
- Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online or by calling customer service.
- All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
- Payment and/or invoice receipts are available to customers upon request via email or by calling customer service.
- Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date.
- Late Fee: All past due accounts may be assessed a late fee.
- Delinquent Payments: In the event any payment is 15 days past due all services will be suspended until balances are paid in full.
- Late Fee: Strategic Marketing Solutions may assess a $50.00 late fee for any payment that is 15 days past due.
- Chargebacks: If a customer initiates a chargeback, Strategic Marketing Solutions may assess a $50.00 processing fee for each individual chargeback.
- Returned Checks: Strategic Marketing Solutions may assess a $50.00 processing fee on each returned check.
- Collections Fee: In the event an account is submitted to a third-party collections service, a $50.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
- Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Strategic Marketing Solutions Services
All Services purchased from Strategic Marketing Solutions such as website development services and SEO Service fees are nonrefundable after work has begun. In the event of cancellation, Strategic Marketing Solutions will not prorate any portion of unused Service fees, and amounts due to Strategic Marketing Solutions must be paid in full.
Third Party Products and Advertising Usage
In the event Strategic Marketing Solutions collects fees for any third party products and/or services, including but not limited to advertising usage, the fees are non-refundable.
Strategic Marketing Solutions accepts payments via credit/debit card and business check if transaction is done in person. Strategic Marketing Solutions currently accepts American Express, MasterCard, Discover and Visa credit/debit cards.
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the Strategic Marketing Solutions service or subscription. Customers must request to cancel their service/subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. In the event of cancellation, customers will still have access to their data/application through the end of their final billing period. Strategic Marketing Solutions will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.
Creating a Cancellation request: A request to cancel an Strategic Marketing Solutions service/subscription must be initiated at least 10 days prior to the next invoice date. Any request to cancel an Strategic Marketing Solutions application must be made via email to a Strategic Marketing Solutions representative at least 10 days prior to the next invoice date. Customers are encouraged to keep records of all communications regarding cancellation.
Simply canceling the credit/debit card associated with a Strategic Marketing Solutions service/subscription does not cancel the account. Strategic Marketing Solutions will continue to treat this as an open service account and the billing cycle will continue, resulting in a past due account that may be turned over to a third party collection service. It is imperative that you speak with a Strategic Marketing Solutions representative or submit an email cancellation request if you wish to initiate cancelation of your Strategic Marketing Solutions services/subscription.
Finalizing the Cancellation: After a request to cancel has been initiated, you must speak with a customer service member to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by customer service, subject to the terms of the “Subscription Billing” paragraph above.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as graphic design or website design, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
Each Strategic Marketing Solutions customer agrees to provide Strategic Marketing Solutions 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Strategic Marketing Solutions receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Strategic Marketing Solutions has been given a chance to resolve the issue, Strategic Marketing Solutions has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Strategic Marketing Solutions, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Strategic Marketing Solutions retains the right to collect on any Services or fees that are due. Strategic Marketing Solutions may submit any disputed amounts to a collection agency. Once a chargeback has been received, Strategic Marketing Solutions has the right to suspend the account until the matter is resolved.
Subscription and Service fees, including but not limited to website development, SEO and paid advertisement, are nonrefundable and will not be prorated at any time.