Terms of Use

Goma Marketing Terms of Use

Last Modified: July 1, 2012

Welcome to Goma Marketing.  Goma Marketing offers marketing programs  and other tools, and advice to help you grow your business through inbound marketing.

TERMS OF USE SUMMARY

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.

These Terms are a legally binding contract between you and Goma Marketing, LLC dba Goma Marketing located at 1345 S. Main St., Salt Lake City, UT 84115.  Goma Marketing provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.

BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE AND EXIT NOW.

Goma Marketing may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services.  If we update or change these Terms, we will post the updated Terms at www.gomamarketing.com/terms-of-use/. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the “Last Modified” date above. We encourage you to review these Terms periodically.

This Agreement provides the terms and conditions governing the use of Goma Marketing’s services. You agree to use your Goma Marketing account in a manner that is consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed herein.

This Agreement is between Goma Marketing (hereafter referred to as “the service provider”) and all its’ subscribers (hereafter referred to as “the client”). Unless the context requires otherwise, the service provider, and/or its’ assigns shall be referred to as “us”, “we”, or “our” and the client shall be referred to as “you”, “your” or “subscriber.” I understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

PRIVACY STATEMENT
The service provider will not rent, sell, or use in anyway the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.

SERVICE INTERRUPTION
Due to the nature of the technologies and Internet stability, the service provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. The client hereby acknowledges that changes in the nature of the services which may be offered under this Agreement which are beyond the control of the service provider and/or its’ assigns do not constitute grounds for full or partial refund of any advance fees paid.

SERVICES
Services to be Provided:

The service provider agrees to provide the client, directly, or through our subcontractors and affiliates, with marketing services.

Service Fees:

By using Goma Marketing services, you agree to accept the fees you may incur as a result of using the service provider, including but not limited to, fees for supplemental services or features and purchases made through the use of the service provider. Subject to any applicable law, fees and charges for Goma Marketing services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

This Agreement and the client’s use of Goma Marketing services shall become effective on the date the login information is submitted to the client by the service provider (“Effective Date”). The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period.

The service provider will continue to renew automatically unless terminated by Goma Marketing or until the client notifies Goma Marketing of your intent to change your service renewal. For account cancellation instructions refer to the CANCELLATION POLICY found in these Terms of Service.
METHOD OF PAYMENT

The client must provide a valid method of payment (credit card or other pre-arranged payment method) prior to and during any time the client receives Goma Marketing Services. The Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be automatically debited from the client’s credit card prior to that date. Service fees for each Renewal Period will be invoiced thirty (30) days prior to the commencement of the Renewal Period. The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options.

Accounts are considered in default if the payment is not received with three (3) days after the effective date of the Renewal Period. The service provider may suspend or terminate use of the Goma Marketing services if the client fails to provide a valid designated payment method upon request, or if Goma Marketing is unable, for any reason, to bill charges to the client’s designated payment method. If the payment is more than five (5) days past due, the client will be liable for any fees Goma Marketing incurs in its efforts to collect any unpaid balances.
Any billing problems or discrepancies must be brought to Goma Marketing’s attention within thirty (30) days from the date the client is billed. If you do not bring them to Goma Marketing’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with Goma Marketing. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method call our sales/billing support number (801-678-2756).
ACCEPTABLE USE POLICY

The service provider reserves the right to take any action with respect to the service that it deems necessary, or appropriate, in Goma Marketing’s sole discretion if it is deemed that the client’s transmissions or use of the Service may create liability for Goma Marketing. The client’s use of the service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, trafficking of obscene material, anti-discrimination or false advertising).

The client agrees: (1) to comply with all United States laws, rules and other regulations applicable in connection with the service; (2) not to use the service for illegal purposes; (3) not to use the service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) that illegal adult oriented websites featuring nudity and acts of a sexual nature are expressly prohibited; and (5) not to transmit through the service, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
PROPRIERITARY RIGHTS

The Services are based upon proprietary Goma Marketing technology and include information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags (“Content”).  The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of Goma Marketing or its licensors (if any).  Without limiting the preceding sentence, Goma Marketing owns and retains all copyrights in the individual web pages, components of web pages, and collective works available through the Services. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorized in writing by Goma Marketing.  Goma Marketing shall also own, and you assign, all right, title, and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to these Terms or in the course of your use of the Services.

Goma Marketing, the Crow Design, the Goma Marketing logos, Going Further, and the Going Further logos are trademarks and the property of Goma Marketing. The appearance, layout, color scheme, and design of the Goma Marketing.com site is protected trade dress. You do not receive any right or license to use them

TERMINATION

We may terminate your account:
•    1. If any check drafts authorized under this Agreement, are returned unpaid;
•    2. If you violate the Terms Of Service Policy;
•    3. If you breach any term of this Agreement;
•    4. For any reason, at our sole discretion.
NO WARRANTIES

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE GOMA MARKETING, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. If notwithstanding this clause we are held liable to you.

While we take all reasonable precautions to ensure your database is secure and protected the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database.
FTP and DATA ACCESS

In certain cases, Goma Marketing may request FTP access to your website hosting account or access to other data files in order to provide account setup services to the client. The Client understands and agrees that Goma Marketing makes no warranties of any kind regarding those services. Client agrees to hold Goma Marketing harmless in the event of data loss, downtime, or any other effect that our service may have on your website or data. Client warrants that they maintain an up-to-date backup of all data to which Goma Marketing or its employees may be granted access.

Client also agrees to immediately change passwords or otherwise remove Goma Marketing’s access to their hosting accounts as soon as services rendered are complete.
TERMS

The client agrees: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the Goma Marketing’s system or via email.

If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

Goma Marketing constitutes that our Anti-Spam Policy is an inherent part of our Terms of Service. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy. We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists (refer to Goma Maerketing Anti-Spam Policy for additional terms regarding opt-in list requirements). Any user reported to be or caught violating these terms of service will be immediately terminated as per Goma Marketing’s Anti-Spam Policy.
ASSIGNMENT

This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement. We may assign this Agreement at any time.
CHANGE OF TERMS AND CONDITIONS

We reserve the right to change the terms and conditions of this Agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.
NOTIFICATION OF ACCOUNT CHANGES

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.
NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
GENERAL PROVISIONS

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force. This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
CANCELLATION POLICY

Your subscription can be canceled for any reason, effective at the end of your current billing period. To cancel, please call us at 801-678-2756.  No refunds of pre-paid subscription fees will be made.

Note: if you cancel your subscription, you will not have access to the Services after the effective date of your cancellation. Goma Marketing may, at its sole discretion, delete all of your data, images, content, and information immediately upon the effective date of cancellation.

Payment for additional fees such as consulting packages and migration fees are due at the start of the engagement with no refunds.

All quoted prices are exclusive of sales tax, which will be added when applicable.

CONSULTING SERVICES

Goma Marketing offers consulting packages for its customers to provide training and Internet marketing expertise to help our customers succeed. Fees for these services are in addition to your subscription fee.  Hours purchased as part of a consulting package are nonrefundable and expire 120 days from purchase. Initial consulting engagements typically include 30 minutes of preliminary research. Please contact your salesperson to learn more about Goma Marketing consulting packages
TERMS MAY BE UPDATED

Goma Marketing reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.gomamarketing.com/terms-of-use/.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
ADDITIONAL TERMS

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. Goma Marketing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

PAYMENT, REFUND, UPGRADING and DOWNGRADING

1. A valid credit card is required for paying accounts.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Goma Marketing does not accept any liability for such loss.

CANCELLATION AND TERMINATION

1. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
3. Goma Marketing, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Goma Marketing service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Goma Marketing reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS OF THE SERVICE AND PRICES

1. Goma Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the GomaMarketing.com or the Service itself.
3. Goma Marketing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT and CONTENT OWNERSHIP

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. Goma Marketing and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright ©2012 Goma Marketing, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Goma Marketing.
GENERAL CONDITIONS

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. Technical support is only provided to paying account holders.

3. You understand that Goma Marketing uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Goma Marketing, or any other Goma Marketing service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Goma Marketing.

6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Goma Marketing customer, employee, member, or officer will result in immediate account termination.

8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

10. You must not transmit any worms or viruses or any code of a destructive nature.

11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Goma Marketing) of other Goma Marketing customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

12. Goma Marketing does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

13. You expressly understand and agree that Goma Marketing shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Goma Marketing has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

14. The failure of Goma Marketing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Goma Marketing and govern your use of the Service, super ceding any prior agreements between you and Goma Marketing (including, but not limited to, any prior versions of the Terms of Service).