Terms of Service
TF Media Company Terms of Service
Effective Date: January 16, 2024
These Terms of Service (these “Terms”) are made and entered into by and between TF Media Company (“TF Media,” “Company,” “we,” “our,” or “us”) and those persons or entities accessing, visiting, browsing, submitting information to, interacting with, or otherwise utilizing the website, services, software, tools, downloads, communications, and related assets of TF Media (collectively referred to herein as the “Website” or “Services”) (collectively the “User” or “Users”).
The purpose of these Terms, as expressly stated herein, is to establish the rights, duties, obligations, limitations, and expectations governing the User’s access to and use of the Website and Services. By accessing or using the Website or Services, the User stipulates and agrees as follows:
1. Whereas Statements
1.1 - Whereas, TF Media provides consulting, design, development, marketing, educational, promotional, and technological services intended to assist businesses and individuals in improving marketing strategy, website performance, lead generation, search engine optimization (“SEO”), accessibility, communications, operational systems, and brand awareness.
1.2 - Whereas, the Website may include informational content, contact forms, HubSpot forms, website audit tools, marketing tools, downloadable resources, booking systems, chatbot functionality, newsletters, marketing communications, and future technologies including but not limited to client portals, hosted payment systems, and related functionality.
1.3 - Whereas, portions of the Website and Services may rely upon third-party providers, vendors, infrastructure, and software systems.
1.4 - Whereas, the User understands and agrees that the Website and Services involve creative, technological, analytical, and marketing processes which are subject to variables outside Company’s control.
1.5 - Whereas, the User understands and agrees that information, tools, communications, software, audits, and outputs made available through the Website are informational in nature and are not guaranteed to produce any particular commercial, financial, legal, operational, or marketing outcome.
1.6 - Whereas, the User understands and agrees that Company shall retain broad discretion concerning the manner in which the Website and Services are maintained, modified, provided, limited, or discontinued.
1.7 - Whereas, the User understands and agrees that there are variables and risks associated with use of the Website and Services, including but not limited to the following (collectively referred to herein as the “Website Risks”):
1.7.a - Market Risk - That marketing, search visibility, rankings, advertising performance, lead generation, traffic, and business outcomes may increase or decrease due to market factors beyond Company’s control.
1.7.b - Technology Risk - That websites, software, APIs, browsers, servers, hosting providers, plugins, integrations, networks, or related systems may malfunction, fail, change, or become unavailable.
1.7.c - Security Risk - That Users, third-party providers, or Company systems may experience data breach, malware, unauthorized access, cyberattack, or related technological harm.
1.7.d - Reliance Risk - That Users may rely upon information, audits, tools, communications, or Website outputs which may later prove incomplete, inaccurate, outdated, unavailable, or unsuitable for a particular purpose.
1.7.e - Reputational Risk - That the Website, Services, or third-party systems may affect the reputation, public image, goodwill, or business standing of Users or Company.
1.7.f - Regulatory Risk - That governmental action, legal restrictions, platform policy changes, or regulatory developments may affect Website or Service availability or performance.
Therefore, in consideration of the foregoing, and for valuable consideration, acceptance of which is mutually confirmed and approved, the Parties stipulate and agree as follows:
2. Acceptance of Terms
By accessing or using the Website or Services, the User agrees to be bound by these Terms.
If the User does not agree with these Terms, the User shall immediately discontinue use of the Website and Services.
3. Scope of Services
Company may provide, maintain, modify, suspend, or discontinue Website content, tools, downloads, communications, software, features, or Services at any time and in Company’s sole discretion.
Nothing contained within the Website shall obligate Company to provide any particular service, feature, communication, or functionality.
4. Informational Nature of Services
The Website and Services are provided for informational, educational, and promotional purposes.
Nothing contained on the Website shall constitute:
• legal advice
• financial advice
• tax advice
• business guarantees
• investment advice
• professional certification
• contractual commitment
• warranty of performance
Users remain solely responsible for evaluating and relying upon their own independent judgment and advisors.
5. Website Audit, Marketing Tools, and Automated Systems
Company may provide website audits, marketing tools, chatbot functionality, AI-assisted systems, calculators, reports, assessments, or automated outputs.
The User expressly understands and agrees:
• outputs are informational only
• outputs may contain inaccuracies or omissions
• outputs are estimates or opinions
• outputs are not guaranteed
• outputs may rely upon third-party data or automated systems
• Company disclaims responsibility for User reliance upon said outputs
Company makes no warranty regarding:
• rankings
• SEO performance
• traffic
• conversions
• leads
• revenue
• business growth
• technical outcomes
• advertising results
6. Intellectual Property
The Website and Services, including but not limited to:
• text
• copy
• branding
• logos
• graphics
• design
• layout
• software
• code
• tools
• downloads
• audit systems
• marketing systems
• proprietary methods
• visual assets
• compilations
• documentation
are owned by or licensed to Company and are protected by applicable intellectual property laws.
No User shall acquire ownership rights through Website use.
Without Company’s prior written consent, Users shall not:
• reproduce
• copy
• republish
• distribute
• sell
• scrape
• harvest
• reverse engineer
• commercially exploit
• modify
• create derivative works from
any portion of the Website or Services.
7. Acceptable Use
Users agree not to:
• violate law
• interfere with Website operations
• transmit malicious code
• gain unauthorized access
• misuse forms or communication systems
• scrape or harvest information
• impersonate others
• interfere with security systems
• overload infrastructure
• misuse downloads or tools
• submit fraudulent information
Company reserves the right to suspend or deny access in its sole discretion.
8. User Submissions
Users may voluntarily provide:
• form submissions
• uploaded materials
• audit information
• communications
• files
• feedback
• inquiries
Users represent and warrant they possess authority to submit such materials.
Company shall not use testimonials, endorsements, or promotional representations attributable to a User without express permission.
Users remain responsible for submitted materials.
9. Third-Party Services and Links
The Website may rely upon or contain links to third-party systems and providers including but not limited to:
• HubSpot
• Make.com
• Meta
• Stripe
• Meow Apps
• Cloudflare
• Bluehost
• Cloudways
• external websites or vendors
Company neither owns nor controls such systems.
Company makes no representation or warranty concerning:
• third-party availability
• policies
• privacy practices
• accuracy
• security
• performance
Use of third-party systems occurs at User’s own risk.
10. Payments and Future Payment Systems
Company may in the future facilitate payments through third-party processors including but not limited to Stripe.
Company shall not be liable for:
• processor outage
• payment interruption
• processor security failure
• banking failure
• processor policy change
• third-party transaction dispute
• Cloudflare
• Bluehost
• Cloudways
• external websites or vendors
Payment systems may be modified or discontinued at Company’s discretion.
11. Accessibility
Company endeavors to maintain reasonable accessibility and usability.
However, Company does not warrant uninterrupted compatibility across:
• devices
• browsers
• operating systems
• assistive technologies
• third-party integrations
Users experiencing accessibility concerns may contact:
TF Media Company:
info@tfmediacompany.com
(614) 321-5305
12. Availability and Service Interruption
The Website and Services are provided “AS IS” and “AS AVAILABLE.”
Company does not warrant:
• uninterrupted access
• error-free operation
• continuous uptime
• defect correction
• permanent feature availability
Maintenance, outages, security events, updates, or third-party failures may interrupt access.
Such interruption shall not constitute breach or liability.
13. Disclaimer of Warranties
To the fullest extent permitted by law, Company disclaims all warranties, express or implied, including but not limited to:
• merchantability
• fitness for a particluar purpose
• non-infringement
• availability
• reliability
• performance
• accuracy
No statement or communication shall create warranty unless expressly reduced to signed writing.
14. Limitation of Liability
User agrees that Company shall not be liable for:
• indirect damages
• consequential damages
• incidental damages
• punitive damages
• lost profits
• lost data
• reputational harm
• interruption
• technological harm
• business loss
• cybersecurity events
• third-party conduct
• User reliance
arising from Website or Service use.
To the fullest extent permitted by law, Company’s liability shall be limited to the amount, if any, paid directly by User to Company for the specific Service giving rise to the claim.
15. Indemnification and Hold Harmless
User agrees to indemnify and hold Company harmless from all claims, liabilities, damages, losses, costs, expenses, and reasonable attorney fees arising from:
• User conduct
• User submissions
• misuse of Website or Services
• violation of these Terms
• reliance upon Website content
• third-party disputes involving User
excluding only those harms caused by Company’s gross negligence or intentional misconduct.
This clause shall survive termination.
16. International Use
The Website may be accessed worldwide.
Users accessing the Website from outside the United States do so voluntarily and remain responsible for compliance with applicable law.
17. Modification of Terms
Company may amend or modify these Terms at any time.
Continued Website use following modification shall constitute acceptance.
18. Governing Law and Enforcement
These Terms shall be interpreted, construed, and enforced in accordance with the laws of the State of Ohio.
Any dispute arising under these Terms shall be adjudicated in the appropriate court of Muskingum County, Ohio; provided however, prior to initiating litigation, the Parties agree to submit themselves in good faith to mediation.
Any claim arising from these Terms shall be brought within one (1) year of accrual.
19. Force Majeure
Company shall not be liable for failure or delay caused by circumstances beyond its reasonable control including:
• acts of nature
• cyber attack
• war
• terrorism
• governmental action
• labor disturbance
• platform failure
• hosting interruption
• infrastructure outage
• third-party failure
20. Miscellaneous
These Terms constitute the complete and final recitation governing Website use.
Should any provision be found unenforceable, remaining provisions shall remain in full force and effect.
Failure to enforce any provision shall not constitute waiver.
These Terms shall not be interpreted to contradict or supersede separately executed service agreements unless expressly stated therein.
TF Media Company:
info@tfmediacompany.com
(614) 321-5305