Customer Terms & Conditions of Service
I. Effective date: August 1, 2018
II. Acceptance Of Terms:
PLEASE CAREFULLY READ THESE CUSTOMER TERMS & CONDITIONS OF SERVICE. This is a contract between You (the Customer, User, Registered User, Yourself, You, you, Your Company) and Us (2 The Top Marketing, Inc., We, Our, 2TTM). This web page describes the services we will provide to you, how we will work together, and other aspects of our business relationship. This is a legal document, therefore some of the language contained herein is necessarily “legalese”. However, 2 The Top Marketing, Inc. has tried to make these terms as readable as possible.
These terms are so important that we cannot provide our products and services to you unless you agree to them. By using any of the 2 The Top Marketing, Inc. Services (Search Engine Optimization, Search Engine Marketing, Consulting, Content Management, Link-Building, Writing, Social Media and Educational Services, as well as any other Service offered by 2 The Top Marketing, Inc.), you are agreeing to these terms and conditions. By accessing, downloading, installing, or using the Services, whether or not you become a customer, You agree to be bound by these Terms, which You acknowledge that You have read and fully understand.
We reserve the right, at Our sole discretion, to periodically change, modify or otherwise alter these Customer Terms & Conditions of Service at any time. We will post any Customer Terms & Conditions of Service changes on this page. You must review these Terms and Conditions on this website on a regular basis to keep Yourself informed of any changes.
Although we may notify you of any substantial changes, you are advised to review this Customer Terms & Conditions of Service periodically for any changes. Changes to this Customer Terms & Conditions of Service are effective when they are posted on this page. You agree to be bound by the amended terms and conditions of use at the time you visit the Site. Your continued use of this Site is conditioned on the terms and conditions stated at the time of your use.
If You do not agree with the terms described in this Customer Terms & Conditions of Service, You should not use this website or our products and services.
III. Use of Information and Submissions:
A. Your Account: You agree to provide accurate and complete information when you register with, and as you use, the 2 The Top Marketing, Inc. Services, and you agree to update your account information to keep it accurate and complete. You agree that 2 The Top Marketing, Inc. may store and use the information You provide for use in maintaining and billing fees to your Account.
IV. Service Term & Cancellations:
A. Term and Renewal: Your initial Service period will be specified in your order, and your Service will automatically renew for the shorter of the Service, or one year. To prevent renewal of the Service, a thirty (30) notice must be provided via an email acknowledged by us or in writing to our corporate office, address contained herein and on our Contact page (https://www.2thetopmarketing.com/contact-2-the-top-marketing/).
B. No Early Termination; No Refunds: The Service Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using our Service during your Service Term.
C. Termination for Cause: Either party may terminate this Agreement for cause, as to any or all Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Service Term.
V. Intellectual Property:
The information contained in this Site is not for publication, duplication, distribution, display, assignment, sublicense, sale, or other use without 2 The Top Marketing, Inc.’s written consent. Further, you shall not remove, transfer, or modify any portion of the content of the Site without 2 The Top Marketing, Inc.’s prior written consent.
You agree that the 2 The Top Marketing, Inc., including but not limited to 2 The Top Marketing, Inc.’s Products and Services, graphics, images, designs, illustrations, data, user interface, audio clips, video clips, editorial content, templates, the scripts and software and other site content used to implement 2 The Top Marketing, Inc. Services, contains proprietary information and material that is owned by 2 The Top Marketing, Inc. and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the 2 The Top Marketing, Inc. Services in compliance with this Agreement. No portion of the 2 The Top Marketing, Inc. Services may be reproduced in any form or by any means, without expressed written permission from 2 The Top Marketing, Inc. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the 2 The Top Marketing, Inc. Services in any manner, and you shall not exploit the 2 The Top Marketing, Inc. brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, 2 The Top Marketing, Inc. and its licensors reserve the right to change, suspend, remove, or disable access to any 2 The Top Marketing, Inc. products, content, or other materials comprising a part of the 2 The Top Marketing, Inc. brand at any time without notice. In no event will 2 The Top Marketing, Inc. be liable for making these changes. 2 The Top Marketing, Inc. may also impose limits on the use of or access to certain features or portions of 2 The Top Marketing, Inc. services, in any case and without notice or liability.
Unless expressly provided otherwise, 2 The Top Marketing, Inc. provides this Site content “As Is” and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability and fitness for a particular purpose. 2 The Top Marketing, Inc. does not warrant uninterrupted or error free functions contained in this Site or its content or that the Site or its server is free of viruses or other harmful components.
All copyrights in and to 2 The Top Marketing, Inc. (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by 2 The Top Marketing, Inc. and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF 2 THE TOP MARKETING, INC., EXCEPT FOR USE OF 2 THE TOP MARKETING, INC. AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
2 The Top Marketing, Inc., the 2 The Top Marketing, Inc. logo, other 2 The Top Marketing, Inc. trademarks, service marks, graphics, and logos used in connection with 2 The Top Marketing, Inc. are trademarks or registered trademarks of 2 The Top Marketing, Inc. Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with 2 The Top Marketing, Inc. Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
VI. Earnings and Income Disclaimer:
2 The Top Marketing, Inc. cannot and does not make any guarantees about your ability to gain better search engine results, more website traffic or earn any money with our ideas, information, tools, or strategies. Nothing on this page, any of our websites, or any of our content, processes or strategies is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to your business, marketing or finances. You alone are responsible and accountable for your decisions, actions and results, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
VII. Disclaimers; Limitations of Liability
A. Disclaimer of Warranties: WE AND OUR AFFILIATES, PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICE, DATA MADE AVAILABLE FROM THE SERVICE, OUR WEBSITE CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SERVICE, WEBSITE CONTENT AND CONSULTING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
B. No Indirect Damages: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES.
C. Limitation of Liability: EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF TWO (2) THOUSAND U.S. DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
D. Third Party Products: WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
E. Links to Other Web Sites: THE SITE MAY CONTAIN LINKS TO OTHER WEB SITES. 2 THE TOP MARKETING, INC. IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN SUCH WEB SITES, AND SUCH WEB SITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY 2 THE TOP MARKETING, INC. INCLUSION OF ANY LINKED WEB SITE ON THE SITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEB SITE BY US. IF YOU DECIDE TO LEAVE THE SITE AND ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
F. Agreement to Liability Limit: YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICE TO YOU.
VIII. Force Majeure:
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.
Notice will be sent to the contact address set forth in Section XII Contact Us: and will be deemed delivered as of the date of actual receipt.
XI. Jurisdiction and Governing Law:
Any and all claims relating to the Site, the materials contained in this Site, and Our Services is governed by the laws of the State of New Hampshire without reference to the principles of conflicts of law rules. Your use of this Site constitutes your consent to jurisdiction in courts of the State of New Hampshire to resolve any interpretation or disputes arising from your use of this Site.
XII. Contact Us:
The 2 The Top Marketing, Inc. corporate office is open Monday – Friday 9a.m. – 4:30pm EST and is located at P.O. Box 728, Wolfeboro, NH 03894 – 603-569-4600 with an email address of [email protected]