Brandconvert (“we” or “us” or “Brandconvert”) has established this Terms of Service to clearly set out the basis on which this website and all services are provided.
This site may from time to time use a web analytics service. If we use a web analytics service it may record mouse clicks, mouse movements, scrolling activity as well as text you type in this website. This site does not collect any personally identifiable information entered in this website. If we do collect such information then we will only use it to better understand conversion (and on our landing pages and our deep pages).
This website is a website created by Brandconvert, a business owned by Andrew Spence.
For questions about this website, please contact Andrew Spence at firstname.lastname@example.org
2. Description of the Service
Brandconvert provides digital marketing services and sometimes training. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.
By accessing the Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Brandconvert.
3. Proprietary Rights
Brandconvert owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Brandconvert, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”). You may not post, distribute, reproduce or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
5. Personal Use
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of any current or future registration process and/or continued use of the Service.
You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur thereunder. Brandconvert reserves the right to refuse service to anyone at any time without notice for any reason.
6. Proper Use
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Brandconvert in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Brandconvert reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
7. Unauthorized Uses
8. Blocking of IP Addresses
In order to protect the integrity of the Service, Brandconvert reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
9. Modifications to Service
Brandconvert reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Andrew Spence shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Disclaimers of Warranties
BRANDCONVERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. BRANDCONVERT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. BRANDCONVERT DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMN OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by Brandconvert or submitted to Brandconvert and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. Brandconvert cannot and does not guarantee compatibility with other systems and hardware.
11. Third-Party Content
Certain content, products, and services available via the Service may include materials from third parties. In addition, Brandconvert may provide links to certain third-party websites. You acknowledge and agree that Brandconvert is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Because Brandconvert has no control over such sites and resources, you acknowledge and agree that Brandconvert is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Brandconvert is not in any way responsible for any such use by you.
12. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Brandconvert be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brandconvert has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service.
Notwithstanding any provision to the contrary, Brandconvert’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Brandconvert in the three (3) months prior to the claimed injury or damage.
13. Indemnity by You
You agree to indemnify and hold Brandconvert, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or wilful acts, and/or the violation by you of Brandconvert’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
14. Confidential Information
“Confidential Information” means any information disclosed by Brandconvert to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from Brandconvert or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any Brandconvert Confidential Information, you will promptly inform us and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.
You agree to hold Brandconvert’s Confidential Information in confidence during the term of this Agreement and for a period of four (4) years after termination of this Agreement. You agree that, unless required by law, you will not make Brandconvert’s Confidential Information available in any form to any third party or use Brandconvert’s Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose Brandconvert’s Confidential Information, you will provide Brandconvert with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting us to minimize the disclosure.
15. Term and Termination
This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to Brandconvert by sending an email to email@example.com. Brandconvert may, at any time and for any reason, terminate this Agreement. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account (if any) or any files or other content contained in your account (if any). If Brandconvert terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to Brandconvert. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.
16. Jurisdiction and Choice of Law
If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of England and Wales, (without regard to its conflict of laws provisions), and you expressly agree and consent to the exclusive jurisdiction and venue of London, England for the resolution of any such dispute.