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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

Google

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