Terms of Service
Updated: May 2018
1. WELCOME TO SAY THE WORD MARKETING!
You should read the complete Terms of Service because it is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability and resolution of disputes.
2. YOUR ACCOUNT AND MEMBERSHIP
Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18.
2.2 Suspension of Your Account
We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, or to protect our brand or Platform. We also may remove free or trial accounts of members who are inactive for an extended period of time.
2.3 Account Information and Security
When you sign up for a Say the Word Marketing account, you provide us with some basic information, including your name and email address. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately at support "at" saythewordmarketing.com.
3. FEES, PAYMENTS, AND OFFERS
3.1 Fees Charged by Say the Word Marketing
We charge fees for the use of Say the Word Marketing services. You agree to pay those fees and any associated taxes for your continued use of the applicable service. If our fees ever change, we’ll announce that on our Site and/or notify you by email. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. You’re responsible for paying any additional fees or taxes associated with your use of Say the Word Marketing. Each payment provider is its own company, and Say the Word Marketing isn’t responsible for its performance.
3.2 Automatic Subscription Renewals
Fees charged by the use of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform. We will automatically bill you for each renewal period until cancellation. By purchasing any Say the Word Marketing subscription, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. You may cancel auto-renewal or cancel your subscription at any time.
3.3 Free Trials
We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above.
3.4 Refund Policy
While we endeavor to provide the highest quality services, we understand that there are circumstances where you may require a refund. We offer 30 days starting from the time of initial billing/purchase during which you can request a refund and this will be processed for you. For subsequent recurrent billings, you have 7 days starting from the time of a rebill during which you can request a refund for that particular rebill. Please note that once your refund request is processed, all rights to use our Services will be revoked for your account.
4. LICENSE GRANT, USE, AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, when you sign up for a Say the Word Marketing account, Say the Word Marketing grants you a non-exclusive, non-transferrable license (the “License”) to use our Services for as long as your membership remains active. This License is personal to you and you shall not assign or transfer the License to any third party under any circumstances. All rights not expressly granted herein are reserved.
5. TITLE, COPYRIGHT, AND OTHER RIGHTS
The Services provided by Say the Word Marketing are copyrighted and licensed, not sold. Titles to these services are not transferred to you. Say the Word Marketing services include program code, documentation and processes, which are and remain, the exclusive and proprietary property of Say the Word Marketing. Say the Word Marketing retains all rights and titles in the Services and all copies and portions thereof. Title, ownership rights, and intellectual property rights of any third party contents accessed through the Services are the properties of the applicable content owners and may be protected by applicable copyright or other laws. This License gives you no rights to such contents.
6. LICENSE CONTROL
You acknowledge that the Services provided by Say the Word Marketing may contain code that automatically detect and prevent unauthorized use of our Services.
7. YOUTUBE API SERVICES
Say the Word Marketing uses YouTube API Services to present publicly available video information. Say the Word Marketing links to videos on YouTube directly for playback and does not use any embedded YouTube players except those which may be native design functions of the theme in use. In addition, Say the Word Marketing does not connect or require any access or permissions to your Google or YouTube account. Say the Word Marketing does not access or collect any user information or any authorized data from your Google or YouTube account. For more information on Google privacy policies, you may refer to: http://www.google.com/policies/privacy
8. THINGS YOU DEFINITELY SHOULDN’T DO
YOU will (a) not provide, make available to, or permit other individuals to use or access our Services, and you will be responsible for any unauthorized activity of our Services from your account; (b) not provide use of our Services to third parties, or in a computer service business, network, time-sharing, multiple-CPU or multiple-user arrangement; (c) not sell, resell, rent, or lease our Services; (d) not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover the source code of our Services; (e) not remove any proprietary notices or labels on our Services; (f) not license our Services if you are a direct competitor of Say the Word Marketing or its affiliated entities for the purposes of monitoring the Services’ availability, performance, or functionality or for any other benchmarking or competitive purposes; (g) not use our Services to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (h) not use our Services to store or transmit malicious code; (i) not interfere with or disrupt the integrity or performance of our Services; or (j) not engage in excessive usage of our Services, as determined by Say the Word Marketing in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of our Services, or disrupts the availability of our Services for other users.
9. STUFF WE DON’T DO AND AREN’T RESPONSIBLE FOR
Say the Word Marketing isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. When you use the Services, you release Say the Word Marketing from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
10. EXCESSIVE USAGE
The user accounts of our Services operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. Abuse or excessively frequent requests the our Services may result in temporary or permanent suspension of your account's access. Say the Word Marketing, in its sole discretion, will determine abuse or excessive usage of the service. Say the Word Marketing will make a reasonable attempt via email to warn the account owner prior to suspension. Say the Word Marketing reserves the right at any time to modify or discontinue, temporarily or permanently, your access to our Services (or any part thereof) with or without notice. We reserve the right to change these general practices and limits at any time in our sole discretion.
11. OTHER WEBSITES
Say the Word Marketing may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Say the Word Marketing partners with other companies (such as PayPal and Stripe) for payment processing. When you sign up, you’re also agreeing to the payment processor’s terms of service.
12. SAY THE WORD MARKETING'S INTELLECTUAL PROPERTY
Say the Word Marketing’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
13. HOW WE DEAL WITH COPYRIGHT ISSUES
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Say the Word Marketing complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please submit it to: support "at" saythewordmarketing.com
14. TERMINATING YOUR ACCOUNT
You can terminate your account at any time by cancelling your payment plan with the payment provider (for example, PayPal or Stripe) that you have signed up from or by sending a cancellation request to support "at" saythewordmarketing.com. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.
When your account is terminated, all your license rights to Say the Word Marketing are terminated. Say the Word Marketing has the right to terminate the Licensee's right to use our Services upon any material breach by Licensee. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
15. OUR RIGHTS
Say the Word Marketing reserves these rights:
We can make changes to the Say the Word Marketing Site and Services without notice or liability.
We have the right to decide who’s eligible to use Say the Word Marketing. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Say the Word Marketing in that jurisdiction.
We have the right to reject, cancel, interrupt, remove, or suspend any account at any time and for any reason.
Say the Word Marketing is not liable for any damages as a result of any of these actions, and is not required to comment on the reasons for any such action.
16. WARRANTY DISCLAIMER
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
You accept the total and sole responsibility for the usage of our services. Say the Word Marketing cannot and is not responsible for any system malfunction while using our Services. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. Say the Word Marketing Services are provided "as is" and Say the Word Marketing makes no warranties, express, implied, or otherwise, and expressly disclaim all warranties. Say the Word Marketing does not and cannot warrant the performance or results you may obtain by using our Services. If you discover a technical issue with our services, please let us know. While we will do our best to fix them in later releases, this License does not entitle you to any upgrades or enhancements for Say the Word Marketing. We may release updates at times, and from time to time, at our sole discretion.
Say the Word Marketing SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Say the Word Marketing SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Say the Word Marketing. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Say the Word Marketing, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site, even if Say the Word Marketing, its representative, or its partners and affiliates have been informed of the possibility of such damages. In no event shall Say the Word Marketing’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
19. DISPUTE RESOLUTION AND GOVERNING LAW
We at Say the Word Marketing encourage you to contact us if you’re having an issue. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Wyoming in the United States, without giving effect to any principles of conflicts of law. You agree that Say the Word Marketing and its Services are deemed a passive website that does not give rise to jurisdiction over Say the Word Marketing or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Wyoming. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Say the Word Marketing, shall be filed only in the state or federal courts located in the County of Sheridan in the State of Wyoming, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. All actions arising out of or relating to this Agreement will be heard and determined exclusively by the state and federal courts located in Sheridan County, Wyoming and the parties hereby consent to and waive any objections with respect to such jurisdiction and venue. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. In addition, you agree to resolve disputes with Say the Word Marketing on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
The provisions of this Agreement are severable. In the event that any provision or portion thereof is found by any court to be invalid or otherwise unenforceable, the remainder of this Agreement will not be affected, and the parties consent to such court's substitution of a valid and enforceable term that approximates the intent and effect of such invalid or unenforceable provision or portion.
21. THE REST
These Terms and the other material referenced in them are the entire agreement between you and Say the Word Marketing with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Say the Word Marketing with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Say the Word Marketing to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Say the Word Marketing’s prior written consent. Say the Word Marketing has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Say the Word Marketing will provide you notice via email or by conspicuously posting the notice on our Site.