Terms of Service
Terms of Service for Attractional Marketing
These Terms of Service and the conditions listed below apply to Attractional Marketing LLC, www.AttractionalMarketing.com, and all products /services offered by Attractional Marketing, and the conditions concerning your use of and access to the Attractional Marketing website. By accessing, using, or downloading any materials or content from the website, you agree to follow and will be bound by all conditions included in this document. If you do not agree with these Terms you may not use our products and/or website.
Internet Services, Content, Products, and Accuracy of Data: We attempt to ensure that information on this website is complete, accurate, and current, however, due to the nature of the information we gather (and its sources) it may be inaccurate, incomplete, or out of date. We make no guarantees as to the accuracy or completeness of any information expressed on our website. All features, content, product descriptions, product pricing, services, and statements of said products and services described or displayed on this website are subject to change at any time without notice. Attractional Marketing continually attempts to accurately display all aspects of our products and services.
The materials on Attractional Marketing’s website are provided “as is”. Attractional Marketing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Attractional Marketing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Attractional Marketing or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Attractional Marketing’s Internet site, even if Attractional Marketing or an Attractional Marketing authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
It is our practice to confirm orders by email receipt. Receiving said email binds the client to their obligations as outlined in the Billing and Payments Section included in this agreement. Receiving an email receipt does NOT constitute an agreement beyond the specified details of that receipt. You may request a receipt be mailed to you. If you do not receive a receipt by mail your emailed copy will serve as your formal receipt. Anyone “logging in” to our client side confirms that they have received a receipt and will be bound by the terms and conditions regarding Billing and Payments below. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to the website by any visitor or customer should it be used inappropriately or beyond the scope of what Attractional Marketing deems acceptable.
Client shall indemnify, defend and hold harmless Attractional Marketing, together with its officers, directors, employees, agents, contractors and permitted assigns from and against any and all third party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with: (i) the lawful use of or reliance by Attractional Marketing on the Client Data in performing the Services under this Agreement, (ii) any breach of or default under the terms, conditions, representations or warranties of this Agreement by Client, or (iii) any negligence, gross negligence or willful misconduct by or on behalf of Client or its employees or agents.
Materials and Content
ALL materials and content provided by Attractional Marketing or displayed on www.AttractionalMarketing.com require written authorization to be used or transmitted by any user of the website. Any material generated by Attractional Marketing and displayed on the website is the sole property of Attractional Marketing. This includes, but is not limited to: Product Branding, Report Generation, Images, Client Data, Content, and Accounts Created.
Any unauthorized use of said materials and content may violate local, state, or federal laws designed to protect copyrights, trademarks, and intellectual capital. It is the client’s responsibility to comply with the laws governing their use of the website and protect their personal information (specifically account username / password) along with the confidentiality of their information that may be displayed. You agree to accept responsibility for all activities that occur with-in your account and will NOT hold Attractional Marketing liable should the account (or its data) be compromised by an unauthorized user.
Attractional Marketing has the right to terminate your account at any time for any reason and you “the user” or “account holder” has the right to terminate your account at any time for any reason within the guidelines of our Billing and Payments Section.
All advertising campaigns are the property of Attractional Marketing unless otherwise stated in an additional contract or addendum.
Billing and Payments
Attractional Marketing has specific policies concerning billing and payments. ALL products offered by Attractional Marketing fall under this scope. Payments may be made by credit card or check (in some instances). Any money that has been spent on an account by Attractional Marketing to any third party (specifically search engines) is not refundable at any point. Set-up fees charged for account creation and establishment are not refundable.
ALL accounts are put on a recurring payment cycle, unless specified otherwise by the customer at point of sale. Any client wishing to be taken off recurring status, pause an account, or cancel an account must contact Attractional Marketing at 205-484-9294 at least 2 business days prior to the due date of their next payment. It is the sole responsibility of the customer to contact Attractional Marketing to cancel their account. Payments made by credit card MUST be successfully processed by Attractional Marketing to keep accounts online and active to prevent any ‘down-time’ or temporary termination of service.
Limitation of Liability & Customers (Clients) Responsibility
ATTRACTIONAL MARKETING ACCEPTS NO RESPONSIBILITY IN THE FOLLOWING INSTANCES: SHOULD AN ACCOUNT BE BROUGHT OFF-LINE AS A RESULT OF TECHNICAL DIFFICULTIES AT OUR FACILITIES OR THOSE OF THE VENDORS ATTRACTIONAL MARKETING USES. DUE TO THE TECHNICAL NATURE OF OUR PRODUCTS AND SERVICES ATTRACTIONAL MARKETING CAN NOT BE HELD RESPONSIBLE FOR TECHNICAL DIFFICULTIES THAT OCCUR. ATTRACTIONAL MARKETING’S ADVERTISING SERVICES ARE DESIGNED TO BE EMPLOYED AND MANAGED BY ATTRACTIONAL MARKETING AND DO NOT GUARANTEE ANY INCREASE IN BUSINESS OR SPECIFIC TRAFFIC LEVELS TO A GIVEN ADVERTISMENT. ANY LOSS OF BUSINESS RESULTING FROM AN ADVERTISMENT IS SOLELY THE RESPONSIBILITY OF THE CLIENT. IF A CLIENT NOTICES AN ERROR IN THEIR ACCOUNT, ON THEIR ADVERTISMENT, OR IN ANY PRODUCT OR SERVICE – IT IS SOLELY THEIR RESPONSIBILITY TO CONTACT ATTRACTIONAL MARKETING TO HAVE IT CHANGED.
ATTRACTIONAL MARKETING USES THIRD PARTIES FOR VARIOUS PRODUCTS AND SERVICES AND CANNOT BE HELD RESPONSIBLE FOR DOWNTIME OR LOSS OF BUSINESS DUE TO FAILURES OF SAID THIRD PARTIES.
Representations and Warranties
Each party represents and warrants that it has the power and authority to enter into this agreement and fully understands ALL of the TERMS AND CONDITIONS expressed within.
Intellectual Property Notice
All elements of this website (www.AttractionalMarketing.com) that have been generated by Attractional Marketing are the intellectual property of Attractional Marketing.
Copyright © 2019 Attractional Marketing LLC 4000 Eagle Point Corporate Dr. Birmingham, AL 35242.
All rights reserved.
Legal Contact Information
If you have any questions about these Terms please contact us through our website or at 866-608-0105.