Terms and Conditions

Please review before creating an account.

 

1. Description of ServiceBrinn Marketing, LLC is a marketing agency that provides marketing services for web design, search engine optimization (“SEO”), social media management (SMM), including research and analysis, link building, campaign management, tracking of search engine performance, analytics and conversion tracking, SEO reports, etc. and are all services owned and operated by Brinn Marketing, LLC (hereinafter “Brinn Marketing”) (collectively, the “Service”).

BY USING THE SERVICE OR CREATING AN ACCOUNT, YOU ARE AGREEING TO THE TERMS OF SERVICE; IF YOU DO NOT AGREE, EITHER DO NOT SET UP AN ACCOUNT OR STOP USING THE SERVICES IMMEDIATELY. Brinn Marketing reserves the right to modify these terms and conditions without notice to you, and your continued use of the Service after such modifications will make such modifications binding on you.

You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Brinn Marketing Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Brinn Marketing disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service. Brinn Marketing also reserves the right to modify, suspend, or discontinue the Service with or without notice at any time and without any liability to you, including, but not limited to, suspending or discontinuing such Service as a result of overuse of the Service or, as determined by Brinn Marketing in its sole discretion, use of the Service for reasons not intended or anticipated by Brinn Marketing.

2. Fees.  

2.1 Plan Fees .   Brinn Marketing may provide a free account and fee-based accounts. Fees are based on your Service package and your subscription period, for which typical offerings are either monthly or annual terms (collectively, your “Plan”). Each Service package has a base fee, which may incur extra charges for overages. Overage charges may apply to some services. You agree to pay for services rendered.

2.2 Payment. You are charged based on the billing cycle offered under your Plan. Typically, the billing cycle will be a month-to-month regardless of your subscription period; however, at any time, Brinn Marketing may offer other billing cycle options such as upfront payment. Regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period you chose or was sold to you. We reserve the right to deactivate your access to the Services for failure to pay fees during any billing cycle. Brinn Marketing further reserves the right to change the pricing for the Services at any time or impose additional fees for new components in the Services, as Brinn Marketing determines within its absolute and sole discretion. Any pricing changes to your service will take effect following an email notice to you, except as expressly provided otherwise in these Terms of Service or by Brinn Marketing to you.

2.3 Subscriptions. At the end of your subscription period, your Plan will automatically renew for a subsequent subscription period of equal length, unless Brinn Marketing receives notice within your billing account, by standard mail, or email of your intent not to renew your Plan prior to the end of the then-current subscription period.

3. 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 the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Brinn Marketing reserves the right to refuse service to anyone at any time without notice for any reason.

4. 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, which acceptance is confirmed by creating an account or continued use of the Services. 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 Brinn Marketing 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; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates any Service policies, as may be revised from time to time. 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. Brinn Marketing 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.

5. Content of the Service. Brinn Marketing takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Brinn Marketing have any obligation to monitor such third party content. Brinn Marketing reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Brinn Marketing also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Brinn Marketing, its users and the public. Brinn Marketing will not be responsible or liable for the exercise or non- exercise of its rights under this agreement.

6. Intellectual Property Rights. You acknowledge that Brinn Marketing and its affiliates own all right, title and interest in and to the Service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, software, data, information, images, music, sound, video, audiovisual works, and data associated with the Service (the “Brinn Marketing Rights”), and such Brinn Marketing Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Service. The Brinn Marketing Rights include rights to (i) the Service developed and provided by Brinn Marketing; and (ii) all software associated with the Service. The Brinn Marketing Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service. Brinn Marketing does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material that you upload, transmit or store in your Brinn Marketing account.

7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Brinn Marketing to participate in the Service is correct and current; and (b) you have all necessary right, power, and authority to enter into this agreement and to perform the acts required of you hereunder.

8. Privacy. As a condition to using the Service, you agree to the terms of the Brinn Marketing Privacy Policy  as it may be updated from time to time. Brinn Marketing understands that privacy is important to you. You do, however, agree that Brinn Marketing may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (including, but not limited to, pursuant to a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Brinn Marketing Privacy Policy. Personal information collected by Brinn Marketing may be stored and processed in the United States or any other country in which Brinn Marketing or its agents maintain facilities. By using Brinn Marketing, you consent to any such transfer of information outside of your country.

9. AdvertisementsAs consideration for using the Service, you agree and understand that Brinn Marketing may display ads and other information adjacent to and related to the content of your data.

10. Account Inactivity. After a reasonable period of inactivity, Brinn Marketing reserves the right to disable or terminate a user’s account. If an account has been deactivated for inactivity, any unique identifiers, such as usernames and subdomains, associated with that account may be given to another user without notice to you or such other party.

11. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Brinn Marketing; provided, however, that (1) you shall still be obligated to pay any remaining fees of the subscription period based on your Plan, and your payment of said remaining fees may be accelerated to be paid in full within thirty (30) days following cancellation, and (2) a terminated account may continue to exist for up to two (2) business days before such cancellation takes effect. Brinn Marketing may at any time and for any reason terminate the Service, terminate this agreement or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Brinn Marketing has previously canceled or terminated your use of the Services (in which case subsequent notice by Brinn Marketing shall not be required), if you have provided an alternate email address, Brinn Marketing will notify you via email of any such termination or cancellation, which shall be effective immediately upon Brinn Marketing’s delivery of such notice. Sections 3, 4, 5, 7, and 11 – 13 of this agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination of this agreement.

12. Indemnification. You agree to hold harmless and indemnify Brinn Marketing, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Brinn Marketing will provide you with written notice of such claim, suit or action.

13. Choice of Law; Jurisdiction. This agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Alamance County, North Carolina, and you consent to the jurisdiction of such courts.

14. Disclaimer of Warranties. Brinn Marketing disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Brinn Marketing Service results. Brinn Marketing disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Brinn Marketing disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Brinn Marketing Service.

15. THE BRINN MARKETING SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BRINN MARKETING SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BRINN MARKETING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BRINN MARKETING DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BRINN MARKETING SERVICE. BRINN MARKETING DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BRINN MARKETING SERVICE. BRINN MARKETING DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BRINN MARKETING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BRINN MARKETING SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BRINN MARKETING SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BRINN MARKETING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

16. Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL BRINN MARKETING BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE BRINN MARKETING SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BRINN MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF AND RELIANCE ON THE BRINN MARKETING SERVICE, FROM INABILITY TO USE THE BRINN MARKETING SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BRINN MARKETING SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BRINN MARKETING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BRINN MARKETING SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BRINN MARKETING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BRINN MARKETING SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BRINN MARKETING SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BRINN MARKETING SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall Brinn Marketing be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

17. OwnershipAll plugins are the property of Brinn Marketing, LLC or are licensed for use to Brinn Marketing, LLC. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited. All plugins are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur due to the use or inability to use plugins.  Should you stop using Brinn Marketing or the Service and/or Plan any and all plugins that are owned directly by Brinn Marketing will be uninstalled and not able to use, as well, any plugins in use that are licensed to Brinn Marketing directly will have their license revoked and a new license will need to be put into place at your expense solely.

18. Refund Policy. Because of the nature of our services — which are digitally delivered and non-tangible goods — we cannot offer refunds or chargebacks for purchases. Please read our Terms of Service carefully. And as always, you can contact our team before making your purchase to determine if our services are suitable for your project requirements.

19. Support. Brinn Marketing, LLC offers services “as is” and with no implied meaning that they will function exactly as you would like and we offer no guarantee that they will be compatible with all third party services. We do not offer support via email or otherwise support third party services that are not our own or that have been modified by anyone other than us.  Support for Brinn Marketing services is offered in three ways; 1. Client Support Center (CSC), 2. Email and 3. Phone (for emergency cases, as determined by us solely, only).

20. Miscellaneous ProvisionsThese Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Brinn Marketing.

To the maximum extent possible, each provision of this agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.



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