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IM MARKETING MEMBER’S AGREEMENT
1. Acceptance of Terms and Conditions
Welcome to IM Marketing! By using IM Marketing’s website and its available services, you acknowledge that you have read, understood, and agree to IM Marketing’s Terms and Conditions, all of which are set forth hereinbelow (the “Terms and Conditions”).
The following definitions apply to the words used herein:
• "IM Marketing" is the reference name of the owner of this website and its official name is Integrated Mobile Marketing, LLC, a South Carolina, limited liability corporation having its principal place of business at 6650 Rivers Avenue, North Charleston, South Carolina 29406. IM Marketing may also be referred to as “we” or “IM”.
• Services mean IM Marketing services.
• Service Plan means the plans offered by IM Marketing.
• Member means a business operation that may be a C or S corporation, limited liability corporation, a partnership whether general or limited, or an individual, all being paying users of IM services.
• You means an IM member or potential member.
There are three (3) different Service Plans: Silver, Gold, and Platinum. You must have a SSN or Tax ID number for the available services provided by IM. Plans are for Members only and cannot be shared or in any way used by non-Members.
3. IM Services
IM Marketing is a website that allows businesses to create and maintain their own mobile website. To create a mobile website with IM Marketing, you log on and create an account and select a Service Plan. You may be helped by an IM Marketing representative. Once an account is created, you enter the necessary information about your business such as name, logo, location(s), phone number(s), business bio, menu, calendar, bios, reviews, and photos. IM Marketing also offers additional services such as the ability to display coupons or links to make reservations, schedulers for appointment setting, QR codes, Text/SMS campaigns some of which may cost more than advertised price. You are allowed up to three (3) mock viewings of your mobile site for correction within thirty (30) days of your initial payment. After the first thirty (30) days, any additional mobile site redesigns will be billed at $65.00 an hour. You are allowed up to five (5) business locations with your mobile site. After five (5) there is a $9.99 a month per location charge. Location providers can be offered if over ten (10) sites are required. Addition costs may apply.
Once we receive the appropriate information, IM Marketing generates for you a mobile website that displays cleanly and professionally on mobile devices such as the iPhone, Blackberry, Palm, Android, and others. The web address for your mobile website will be m.immarketing.me/yourcompany. You have the option to generate your current web address proceeded by “m.” (ex: m.yourcompany.com) see FAQ @ www.immarketing.me to do so. Information on your mobile website will be organized in tabs that can be selected to display content. IM Marketing also generates other features such as a map and one-touch dialing to your business phone.
Once we have created your site, IM Marketing gives you a short piece of code that you must insert into the code for your “normal” website. This integrates the two (2) sites (mobile and normal), so that a person who accesses your normal website from a mobile device is automatically directed to your mobile site. IM Marketing does not design, build or maintain desktop or laptop websites. At any time, you can login to your account to make changes to your mobile website.
4. Use of Services
IM Marketing offers mobile sites to you provided that you have the legal capacity to enter into a binding contract. In order to access IM Marketing, you will be required to provide current, accurate identification, contact, payment, and other information, including image files and graphics from your desktop website. You are totally responsible for maintaining the confidentiality of your account password and all activities that occur under your account. You agree to immediately notify IM Marketing of any unauthorized use of your password or account or any other breach of security or misuse that may occur. IM Marketing will not be liable for any loss or damage arising from the failure of any services provided by IM Marketing.
IM Marketing will charge a monthly fee to host your mobile website which fee varies with the selected Service Plan. IM Marketing will also charge additional fees for additional services such as custom sites, data entry, and coupon display, SMS marketing or any other marketing services. All fees are subject to change at any time. We will notify you in advance of any fee changes.
6. Membership and Billing Payment
Upon registering to be a Member, you will be prompted to provide payment information so that we may bill you for your IM Marketing membership and services in accordance with the IM Marketing’s Service Plan. Each Service Plan shall indicate either a charge or debit, as applicable, by the payment method that you choose. Payment may be made by credit card, debit card, or from a bank account. You are responsible for any and all taxes. Using the payment information that you provide, IM Marketing will bill you each month that you are registered for its services in an amount equal to the Service Plan that you selected. Monthly billing will occur each month at the beginning of each month. For example, if you began your service on July 6th, your next billing date will be August 1th. You will be prorated for the first the first month of usage. For example, if you begin your service on June 15th you will be billed for half a month. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. The acceptance of you as a Member is determined by IM Marketing in its sole discretion, and we may refuse to provide services to you for any reason or no reason. IM Marketing may terminate your rights and its services at any time if you fail to comply with any of the Terms and Conditions in this Member’s Agreement.
7. Ongoing Membership
Your IM Marketing membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing for the next month’s fees.
8. Cancellation of Membership
IM Marketing requires a minimum of a one(1) year commitment to a Service Plan. After one(1) continuous year as a Member with an active account, your account will automatically renew on a monthly basis. No cancellation fee is assessed if cancellation occurs after one(1) continuous year as a Member. Any cancellation prior to the one(1) continuous year as a Member will be assessed a cancellation fee. If cancellation occurs within fourteen (14) days of becoming a Member and enrolling within a specific Plan, the cancellation fee $99.00 for the Gold Service Plan and $104.00 for the Platinum Service Plan and you will receive a partial refund for the upfront charge you paid at the time your account is created since the following cancellation fee will be offset from this refund. If cancellation occurs after fourteen (14) days of enrolling within a Plan but prior to one (1) continuous year as a Member, then the cancellation fee shall be $325.00 which will be charged to your credit card that is used for your account. Also there is no refund of any charges for any cancellations that occur after fourteen( 14) days following the date that your account is created. All cancellations must be in writing with the writing to be either electronically sent to IM Marketing LLC or via mail. The cancellation of your account becomes effective on the date that IM Marketing LLC receives your written notification. As prior to cancellation, IM Marketing continues to own all rights to the Work Site.
9. RESERVATION OF RIGHTS
All rights not expressly granted hereunder are reserved to IM Marketing, including but not limited to, all rights in sketches, comps, or other preliminary materials.
10. LIMITATIONS OF LIABILITY
IN NO EVENT WILL IM MARKETING BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT, OR YOUR USE OF THE SERVICES PROVIDED BY IM MARKETING, EVEN IF IM MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) ANY INTENTION ACTS, (5) NEGLIGENCE OR GROSS NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY SERVICES PROVIDED BY IM MARKETING, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST IM MARKETING WITH RESPECT TO THIS AGREEMENT OR ANY OF ITS SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IM MARKETING’S WEBSITE AND ITS AVAILABLE SERVICES. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION AND CANCELLATION OF YOUR MEMBERSHIP WITH IM MARKETING.
You agree to indemnify and hold harmless IM Marketing against all claims, liabilities and costs, including reasonable attorney’s fees and experts fees, with respect to any third party claim or suit arising out of the use of IM’s website provided under this Agreement. IM Marketing will properly notify you, in writing, of any third party claim or suit and you shall have the right to participate in its defense but IM Marketing has the sole and unfetted right to select its attorneys and to resolve or settle any such claim or suit. This provision shall survive any cancellation or termination of your membership with IM Marketing.
12. NO WARRANTY
IM Marketing does not warrant the operation of the IM Marketing website, or any of its services, as being uninterrupted or error free. IM Marketing makes no warranty of any kind for its services provided to any Member and in no event will IM Marketing, its employees, members, partners or agents, be liable for indirect or consequential damages arising out of services provided or offered by IM Marketing.
13. Legal Jurisdiction
Any and all IM Marketing Services are performed and/or sold in the State of South Carolina, United States of America. You irrevocably agree that any claims, lawsuits, or causes of action that you may have against IM Marketing or any of its agents, employees, or members, will only be filed in Charleston County, State of South Carolina, and that Charleston County, State of South Carolina, will be the only venue for all legal disputes of any kind or nature involving IM Marketing. You further agree that any disputes with IM Marketing shall be governed by the laws of the State of South Carolina.
14. Waiver of Jury Trial
You agree to waive and release any right to a jury trial with respect to any and all disputes you may have with IM Marketing, its employees, its members, officers, or agents.
15. Intellectual Property Infringement Claims
IM Marketing will not knowingly infringe on the copyright, trademark, or trade secrets of any third party in performing services under this Agreement. To the extent any material used by IM Marketing contains matter proprietary of a third party, IM Marketing will not knowingly infringe upon any existing patents of third parties in the performance of services provided by this Agreement.
16. Changes In Terms And Conditions
In the event IM Marketing changes any of its Terms and Conditions during your membership, you will receive at least seven (7) days’ advance notice. Your continued use of IM Marketing’s services after notice of any change and the implementation of the change, shall be deemed as your acceptance and agreement to such change or changes.
Each section in this Agreement is severable from the remainder of the Agreement and if any portion of a section or a section shall be severed or declared invalid or unenforceable, the Agreement, without the invalid or unenforceable provision, shall be enforced according to their terms and the fullest extent permitted by law.
18. Entire Agreement
You agree that this Member’s Agreement, as may be amended from time to time, contains the entire agreement between you and IM Marketing.
19. Ownership of Information You Provide to IM Marketing
You represent and warrant to IM Marketing that all information you may use on your mobile website with IM Marketing is either (a) in the public domain; or (b) owned solely by you or licensed to you with a right to use; and (c) no third party has asserted or can lawfully assert any claims as to any of your information, including your business name.
20. Electronic Signature
Your electronic signature hereby acknowledges your complete and full acceptance of all the Terms and Conditions in this Agreement.