Terms & Conditions Page

M D MOORE MARKETING, LLC TERMS AND CONDITIONS

Last Updated: 1/29/21 [Note this template has added some language from Prior Terms of Use template)

1). INTRODUCTION

The Terms and Conditions (“Terms”) describe how M D Moore Marketing, LLC (“Company,” “we,” and “our”) regulates your use of this website https://m4digitalmarketing.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

2.) PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

[YOUR ACCOUNT] [Note: this applies only if a user can register on the Site. As of this date, we do not accept onsite registrations. Scheduled Appointments & Subscribers Lists are set up on a third party services and E-mail manager]

When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials if applicable and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use this Site and may not enter into the Terms under any circumstances.] [Note: this applies only to a user who can register on the Site. As of this date, we do not accept onsite registrations. Subscribers are set up on a third party E-mail manager – See our Privacy Policy]

3). SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..

3.1 THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

4). PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

5). THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

6). DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

7). INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

8). TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

9). MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

10). European Union Visitors

This website is EU GDPR Compliant. Visitors from the EU will be required to accept our Terms & Conditions to access site content.

12).Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

13). Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

14). Administrative & Regulatory Pages

Business websites utilize administrative and regulatory pages to meet standards and guidelines. M D Moore Marketing, LLC and its client service M4 Digital Marketing provide placeholder website pages and client specified regulatory pages which are the responsibility of the client to provide. The placeholder pages allow the client to publish and activate their online website with core regulatory pages in place.

The following resources have been used to create placeholder administrative and regulatory page content:

WordPress Privacy Policy recommendations (see site dashboard/Privacy)

WP InstaLegal Pages: Provides the following page templates;

Affiliate Disclosure (FTC Statement)

Amazon Associate Disclosure

Anti SPAM Policy

Medial Disclaimer

AI DISCLOSURE

The process used in creating website content is to create unique value-added information based on our knowledge and experience. When creating pages and timely blog articles of interest to our target audience, our process is to first identify a Topic that addresses a need or solves a problem for our target audience. An original outline brief is built by creating sub-topic areas based on our experience with clients and expertise from 12 years in online digital marketing. A Draft Brief is created for all topic areas. Once this unique brief draft is set out, we complete online research to find additional expert resources for the topic. Supporting content is curated & attribution noted. AI output research is employed to uncover any new ideas, topic issues, and suggested content to expand or elaborate on the core outline. Information gaps are uncovered, sources for statistics and expert quotes found, and new trends reviewed affecting the article content. These AI-generated content ideas are then reviewed, selected for the article where relevant, and edited based on our experience and expertise on the subject before inclusion in the content. Finally, all content is checked for copyright and citations are included for any “Quoted” material. The result is a comprehensive well-researched article or guide with enhanced content providing a positive effect on consumer experience.

M4 Client Responsibility: It is the responsibility of each client to review all the suggested placeholder regulatory pages for their website and approve, request edits, or provide replacement pages that best meet the unique business needs of each client.

M D Moore Marketing, LLC does not provide legal advice on what regulatory pages and disclosures a client may require, and each client should seek whatever legal advice they may require to assure their website has the right regulatory requirements met.

15). Affiliate Product and Service Disclosure

The Federal Trade Commission (FTC) has guidelines regarding endorsements and testimonials to protect you from misleading advertising that’s been paid for by a company.

M D Moore Marketing, LLC does accept monetary compensation through affiliate links, advertising and sponsored relationships with various brands, website software Plugins or Themes and advertising containing affiliate links.

When you purchase a product or service through a link on our website, or as a result of our testimonial or promotions, we earn a commission.
Clicking on an affiliate link which earns a commission does NOT result in additional charges to you or cost you anything extra.
Utilizing these links or recommendations helps support our programs and help make our services more affordable.

16). Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANT-ABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL {company} OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF {company} HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.14).COMPLAINTS

Contact Information

We welcome your comments or questions about these Terms. You may contact us in writing at mdmoore.marketing@gmail.com

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at mdmoore.marketing@gmail.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

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