Terms of Service
YOURMARKETER LLC TERMS OF SERVICE
Effective Date: 06/01/2020
By visiting or using the services available from the domain and sub-domains of www.yourmarketer.com (the “Website” or “Site”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted. The effective date of the most recent Terms of Service can be found on the top left of this page.
This Website is offered and available to users who are 18 years of age or older and are of legal age to form a binding contract in the jurisdiction where the user resides and where the user is accessing the Website. If you are under 18 you may not use this Website or purchase YourMarketer services. If you do not meet all of the above requirements, you are not permitted to access or use the Site.
YourMarketer LLC is an online platform that allows companies to search for freelancers of marketing services in the professional services industries. The Website allows users to do the following:
- Companies: Post Projects, Search for Freelancers, Communicate with Freelancers, Negotiate with Freelancers, Award Projects to Freelancers, Leave Feedback and Pay Freelancers.
- Freelancers: Create Profiles, Advertise their Capabilities, Post their Services, Submit Quotes, Negotiate with Companies, Invoice, Obtain Feedback and Receive Payment from Companies.
- Project Description, Agreement & Service: refers to the work being performed by the Freelancer for the Company
- Account: means the account created by the Website after registration.
- Assumed Payment Liabilities: shall mean that portion of a Freelancer’s total service charges for a Job which YourMarketer agrees to assume in consideration of the Service Charges.
- Arbitration Service: means the service described in Section 6.
- Company’s Acceptance of Services: shall mean: (i) with respect to an Invoice, a transfer of funds by Company’s Acceptance of Service to YourMarketer in respect of such Invoice or (ii) with respect to the Payment Service, the earlier to occur of the following: (a) Company and the Freelancer agree as to the rightful recipient of the funds or (b) Company and Freelancer have concluded the process comprising the Arbitration Service.
- YourMarketer Billing and Payment Services: means, collectively, the YourMarketer Invoice Service and the Payment Service.
- YourMarketer Invoice Service: means the service described in Section 5(A).
- Payment Service:means the service described in Section 5(B).
- Service Charges: means, as applicable, the Project, Handling, Withdraw, and Arbitration Service Fees.
- Services: means, collectively, the Project, YourMarketer Billing and Payment Service, the Arbitration Service.
- Website: means the world wide website operated by YourMarketer at http://www.YourMarketer.com, any replacement URL, and any mirrored or forwarded URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts both in the jurisdiction of your residence and in the jurisdiction from which you are accessing the Website. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. If you do not accept and agree to the entire Terms of Service, then you are not permitted to use the Services or access the Website.
By becoming a Registered User, you agree to:
- Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;
- Be financially responsible for your use of the Website and the purchase or delivery of services; and
- Perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service.
YourMarketer reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
(C) Accounts and Profiles
General. Once you have registered with the Website as a Registered User, the Website will create your Account with YourMarketer and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account.
As a Registered User, you agree, and you are entirely responsible, to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize YourMarketer to assume that any person using the Website with your username and password is you or is authorized to act for you and will notify us immediately if you suspect any unauthorized use of the account.
(A) Company and Freelancer
Project Agreement: The engagement, contracting and management of a Project are between the Company and a Freelancer. Upon acceptance of a Quote, the Company agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements:
- the Project Agreement between Company and Freelancer including the Quote, Project Description, and other terms and conditions as communicated between Company and Freelancer on the Website or otherwise,
- these Terms of Service, and
- any other content uploaded to the Website by YourMarketer (collectively, the “Project Agreement”).
You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. The Company is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. The Company and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
Independence: Company and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer will perform services as an independent contractor and nothing in these Terms of Service is be deemed to create a partnership, joint venture, agency, or between Freelancer and Company or between YourMarketer and any Company or Freelancer.
(B) Registered Users and YourMarketer
General: YourMarketer is not a party to the dealing, contracting and fulfillment of any Project between a Company and a Freelancer. YourMarketer has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Companies to pay for services, or that a Company or Freelancer can or will actually complete a Job. YourMarketer is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Company and a Freelancer. YourMarketer will not provide any Freelancer with any materials or tools to complete any Job. Companies and Freelancers must look solely to each other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Job Agreement: Company and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Company and Freelancer therefore appoint YourMarketer as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, YourMarketer by these Terms of Service. Company and Freelancers further agree that YourMarketer has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as YourMarketer in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and YourMarketer, except and solely to the extent expressly stated.
Taxes: Registered Users are responsible for payment and reporting of any taxes. YourMarketer is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by YourMarketer. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event YourMarketer receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, YourMarketer will deem such receipt a breach of this section and will suspend your Account until YourMarketer receives an Internal Revenue Service Release.
(A) Membership Fee
There is no membership fee to become a Registered User of the YourMarketer platform.
(B) Service Fees
YourMarketer deducts one or more of the following fees, as applicable, from payments made by Companies to Freelancers using the YourMarketer Billing and Payment Services:
Project Fee: YourMarketer charges all Freelancers a Project Fee of 20% for Companies sourced through the YourMarketer platform. For Companies that are existing clients of the Freelancers joining YourMarketer, there is a 10% Project Fee for working with that Freelancer only.
Company Payment Handling Fee: When a Company pays a Freelancer, a Payment Handling Fee (5%) will be added to the invoice total.
(C) We reserve the right to change any fees associated with YourMarketer at any time
At the sole discretion of YourMarketer. No refunds of fees already paid will be given in the event that we exercise our right to cancel a membership as provided under these Terms of Service.
(A) YourMarketer Invoice Service
The YourMarketer Invoice Service enables Freelancers to issue invoices and enables Companies to make payments for services.
General: When a Freelancer delivers services to the Company, the Freelancer will complete the electronic invoice form (the “Invoice”) and submit it to YourMarketer via the Website. A Freelancer must complete and submit an Invoice to YourMarketer for each and every payment.
(B) Payment Service
The Payment Service enables Companies to transfer certain payment responsibilities to YourMarketer.
General: At a Company’s request, upon payment to YourMarketer by Company for services to be rendered by a Freelancer, YourMarketer will assume responsibility for the payment for such Freelancer’s services (less applicable Service Charge). YourMarketer agrees not to pay Freelancers for services until after the occurrence of a Company’s Acceptance of Services. You acknowledge that such funds will belong to YourMarketer immediately upon such funds being transferred to YourMarketer by you.
However, YourMarketer agrees to refund such funds to Company in the event that
- a Freelancer acknowledges that services have not been completed or
- Company and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that the Company is the rightful recipient of such funds.
YourMarketer agrees to keep both the Company and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
Disputes: If a Company or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both the Company and Freelancer agree that YourMarketer will have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. YourMarketer obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(C) Funds Transfer
General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if YourMarketer determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, YourMarketer has the right to refuse to process such request.
Hold on Transfers: YourMarketer reserves the right, at its sole discretion, to place a hold on requested transfers if YourMarketer suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. YourMarketer will release a hold as soon as practical.
(D) Legal Relationship
YourMarketer is not your agent with respect to any funds that have been transferred to YourMarketer for any Assumed Payment Liabilities.
Each Freelancer must properly discharge and credit Companies for all payments that YourMarketer makes to such Freelancer in respect of services provided to such Companies.
YourMarketer acts as a payment provider by creating, hosting, maintaining, and providing the YourMarketer Billing and Payment Services to you via the Internet. YourMarketer does not have any control over the services invoiced or paid for with the YourMarketer Billing and Payment Services. Additionally, YourMarketer does not control whether a Company or Freelancer will actually complete the underlying transaction. YourMarketer is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Project. Nothing in these Terms of Service will be deemed to constitute YourMarketer as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
By using the YourMarketer Billing and Payment Services, you expressly acknowledge that:
- YourMarketer is not acting as a trustee or a fiduciary of Companies or Freelancers and that the YourMarketer Billing and Payment Services are provided to Registered Users administratively;
- YourMarketer is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the YourMarketer Billing and Payment Services are payment services rather than a banking services; (c) YourMarketer IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH YourMarketer ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
(E) Miscellaneous Payment Terms
Authorized Payments are Final: Your use of the YourMarketer Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When a Company’s Acceptance of Services has occurred, (i) YourMarketer has no further liability to any party with respect to Payment for such services, (ii) Company acknowledges that YourMarketer provided a complete service in respect of the payment made by the Company for the Assumed Payment Liability or Invoice, as applicable and (iii) the Company hereby releases YourMarketer from any and all liability with respect to such Payment.
Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. YourMarketer reserves the right to seek reimbursement from you, and you will reimburse YourMarketer, if YourMarketer discovers a fraudulent transaction, erroneous or duplicate transaction, or if YourMarketer receives a charge back or reversal from any Company’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge YourMarketer the right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by YourMarketer in an effort to investigate fraud. You agree that YourMarketer has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency: The YourMarketer Billing and Payments operate in US Dollars and therefore YourMarketer is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is YourMarketer responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
Exclusivity and Non-Circumvention: Companies agree to use the YourMarketer Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the YourMarketer Billing and Payment Services or any associated fees. As a Freelancer, you agree to use YourMarketer Billing and Payment Services to receive all payments from Companies identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the YourMarketer Billing and Payment Services or any associated fees.
Notification: As a Company, you agree to notify YourMarketer immediately if a Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify YourMarketer immediately if a Company seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the YourMarketer Billing and Payment Services, please submit a confidential report to YourMarketer by phone at 1-203-894-6473 or firstname.lastname@example.org.
Agreement to Pay: If, for any reason, YourMarketer does not receive payment for any amounts that you have authorized to be paid through your use of the YourMarketer Billing and Payment Services, you agree to pay such amount immediately upon demand by YourMarketer. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by YourMarketer in collecting from you the authorized but unpaid amount. In such case, YourMarketer may, at its option, stop processing any further payments made by you and apply any amounts then held by YourMarketer on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the YourMarketer Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
YourMarketer offers the Arbitration Service to those Registered Users that have funds in Payment and requested YourMarketer to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) Pursuant to a Project posting by a Company through the Website, (ii) Pursuant to a Quote for by a Freelancer through the Website for such Project posting and (iii) Pursuant to an acceptance through the Website by the Company for such Quote. Company and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section.
Arbitration: In any case where the Company and a Freelancer cannot mutually agree on the distribution of the funds in Payment, you expressly agree to and acknowledge that YourMarketer or a third party chosen by YourMarketer will arbitrate the dispute in accordance with these Terms of Service and the Website.
- You acknowledge and agree that YourMarketer will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Project itself and (iv) any information or communication that the Company and the Freelancer submit for review.
- YourMarketer shall render its decision within five (5) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
- You agree that the decision of YourMarketer, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
- In the event that the Company is the prevailing party in an arbitration decision, Company agrees that it shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, Company agrees to return any physical copies of such Project in its possession and destroy any electronic copies that it has.
You agree and acknowledge that (i) YourMarketer will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by YourMarketer using the e-mail address corresponding with your Account registered at the time Arbitration is opened.
You agree and acknowledge that (i) YourMarketer is not providing legal services to you, (ii) YourMarketer will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on YourMarketer for any such counsel. You agree to indemnify and hold harmless YourMarketer and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request YourMarketer to assume the Assumed Payment Liabilities.
- These Terms of Service are effective as your contractual agreement upon your use of the Website and continue until your Account is terminated by you or YourMarketer as provided for under the terms of this section.
- Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice in writing to the other party. In such event, your Account is automatically terminated and (1) YourMarketer shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to YourMarketer for any service and to any Freelancer for any services.
- Any termination of an Account will automatically lead to the termination of all related profiles.
- Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if, (as solely determined by us): (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) your actions may cause legal liability for you, our Registered Users or for YourMarketer or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
- In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
- Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the YourMarketer Billing and Payment Services or otherwise reduce fees owed YourMarketer under these Terms of Service, you must pay YourMarketer for all fees owed to YourMarketer and reimburse YourMarketer for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
- When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
(A) Registered User Content
- You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through YourMarketer feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
- You hereby assign to YourMarketer your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing YourMarketer products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
- Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
- We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
(B) Removal of Content for which Copyright Infringement Is Claimed
- Pursuant to 17 USC. Â§ 512 as amended by Title II of the Digital Millennium Copyright Act, YourMarketer has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and email it to YourMarketer Copyright Infringement Notices at email@example.com.
- The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. Â§ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us and, when applicable, the Freelancer to locate the material.
- Information reasonably sufficient to permit us and, when applicable, the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
- Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and email it to the address provided above.
(A) Registered User Representations and Warranties
All Registered Users represent, warrant, and agree:
- to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
- to be fully responsible and liable for any action of any user who uses your Account.
- not to use the Account, username, or password of another Registered User that you are not expressly authorized to use.
- not to allow any third party who is not authorized to do so to use your Account at any time.
- not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
- not to intercept or expropriate any system, data or personal information from the Website.
- not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
- that they have the right and authority to enter into the Terms of Service and to transact business hereunder.
- that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
- that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation YourMarketer or any Register User.
- that they will not use the Website to violate any federal, state, local, or international or treaty.
- that they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of the United States of America. The current list of US sanctions can be found
- that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
- that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America, or any other country.
(B) Warranty Disclaimer
THE SERVICES PROVIDED BY YOURMARKETER OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(C) Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(D) General Release
If you have a dispute with another Registered User, you release YourMarketer (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
(E) State Specific Release
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE Â§1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, hold harmless and indemnify YourMarketer from and against any and all losses, costs, expenses, damages or other liabilities incurred by YourMarketer and from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against YourMarketer: (1) in connection with your use of the Services including any payment obligations incurred through use of the YourMarketer Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
The Website may contain links to third-party web sites not under the control or operation of YourMarketer. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on YourMarketer’s part to store, backup, retain, or grant access to any information or data for any period.
(A) Compliance with Law
You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
(B) Modification and Waiver
YourMarketer will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of YourMarketer. No delay or omission by YourMarketer in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(D) Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of YourMarketer, and any attempt to do so will be null and void. YourMarketer may assign these Terms of Service in its sole discretion.
(E) State Specific Legal Notice
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: YourMarketer, located in Fairfield, Connecticut, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact YourMarketer to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at firstname.lastname@example.org.
(F) Force Majeure
Except for the payment of fees to YourMarketer, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to YourMarketer LLC
Attention Jennifer Farrington
857 Post Road #305
Fairfield, CT 06824
If to Registered User:
To the email address associated with Registered User’s access or login information.
(H) Headings and Labels.
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and YourMarketer with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason.