Terms of Service
1. Acceptance of Terms
By accessing or using The Imperfect Marketer website and services (collectively, the "Services") provided by The Imperfect Marketer ("Company", "we", "us", or "our"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will always post the most current version on our website. By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms.
3. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which can be found here.
4. User Accounts
To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Intellectual Property Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by Section 6, is strictly prohibited.
6. Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license is subject to these Terms and does not include:
- The right to resell or commercial use of the Services or its contents;
- Any collection and use of any product listings, descriptions, or prices;
- Any derivative use of the Services or its contents;
- Any downloading or copying of account information for the benefit of another merchant;
- Any use of data mining, robots, or similar data gathering and extraction tools.
7. User Content
By posting, uploading, inputting, providing or submitting your content to the Services, you grant us and our affiliated companies and necessary sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.
10. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES.
11. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.
13. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Entire Agreement
These Terms, our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and The Imperfect Marketer regarding the Services.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: contact@imperfectmarketer.com
Address: The Imperfect Marketer, 440 N Barranca Ave #5006, Covina CA