Agreement between User and acgmarketing.com
Welcome to acgmarketing.com. The acgmarketing.com website (the “Site”) is comprised of various web pages operated by Agile Creative Group (“ACG”). acgmarketing.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of acgmarketing.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
acgmarketing.com is a digital services Site.
We sell branding and digital services including website maintenance, domain name management, website design, website creation, graphic design, website ongoing optimizations.
Privacy
Your use of acgmarketing.com is subject to ACG’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting acgmarketing.com or sending emails to ACG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
ACG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use acgmarketing.com only with permission of a parent or guardian.
Cancellation/Refund Policy
ACG may terminate the Service Offerings at any time by notifying Subscriber by any means. Subscriber may terminate a Service Offerings at any time; however, no refunds or credits for any partial period will be issued unless required by law. ACG may also terminate or suspend any and all Service Offerings and access to the UI immediately, including any Subscription Plan, at its sole discretion and without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account or any Subscription Plan or Service Offering, your right to use the Service Offerings, access the UI, and any Subscriber Content or Third Party Content will immediately cease.
Some of the Service Offerings require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Web Site in connection with such Service Offerings selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Web Site. No credits or refunds of any kind will be given. Subscriber represents to ACG that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Service Offerings. ACG may modify and/or eliminate such fee-based Service Offerings at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the UI. All payments are made without the right of setoff or chargeback. Subscriber will pay interest, at a rate equal to one and one half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, on any undisputed amount that remains unpaid after it is due. Subscriber will pay directly any taxes arising out of this Agreement or ACG’s performance under this Agreement, including applicable local, state, federal and international sales taxes, value added taxes, withholding taxes, and any other taxes or duties of any kind, but excluding taxes on ACG’s net income and all employer reporting and payment obligations with respect to ACG’s personnel. If any applicable law requires Subscriber to withhold amounts from any payments to ACG under this Agreement, (a) Subscriber will effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish ACG with tax receipts evidencing the payments of such amounts and (b) the sum payable by Subscriber upon which the deduction or withholding is based will be increased to the extent necessary to ensure that, after such deduction or withholding, ACG receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount ACG would have received and retained absent the required deduction or withholding. ACG reserves the right to contract with a third party for the purpose of processing payments. Such third party may impose additional terms and conditions governing payment processing.
Failure to Pay
If Subscriber fails to pay fees in accordance with this Agreement, ACG may suspend fulfilling its obligations under this Agreement until such payment is received by ACG, including, without limitation, terminate the Service Offerings provided by ACG pursuant to any Subscription Plan, decrease Service Offerings or features accessible by Subscriber or any Client, restrict access to Subscriber or Client sites, suspend operation of any Subscriber sites or Subscriber’s or Clients’ access to all or part of the Service Offerings, all without notice or liability.
Modification of Fees
ACG may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the UI with or without notice, or by emailing you notice. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Links to Third Party Sites/Third Party Services
acgmarketing.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ACG and ACG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACG of the site or any association with its operators.
Certain services made available via acgmarketing.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the acgmarketing.com domain, you hereby acknowledge and consent that ACG may share such information and data with any third party with whom ACG has a contractual relationship to provide the requested product, service or functionality on behalf of acgmarketing.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use acgmarketing.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ACG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ACG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ACG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ACG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ACG or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by ACG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ACG Content accessed through acgmarketing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ACG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ACG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ACG in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ACG agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AGILE CREATIVE GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AGILE CREATIVE GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AGILE CREATIVE GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGILE CREATIVE GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGILE CREATIVE GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ACG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACG as a result of this agreement or use of the Site. ACG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ACG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ACG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
ACG reserves the right, in its sole discretion, to change the Terms under which acgmarketing.com is offered. The most current version of the Terms will supersede all previous versions. ACG encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
ACG welcomes your questions or comments regarding the Terms:
Agile Creative Group
PO Box 770
Bridgeport, Texas 76426
Email Address:
[email protected]
Telephone number:
817-726-8102
Effective as of January 01, 2018