Terms of Service Agreement
These Terms of Service and the conditions listed below apply to Mr. Pipeline Ventures Inc., www.MrPipeline.com, and all products / services offered by Mr. Pipeline, and the conditions concerning your use of and access to the Mr. Pipeline 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.
It is our practice to clarify and confirm orders by electronic signature. Signing the agreement 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. 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 Mr. Pipeline deems acceptable.
This is a “Non-Exclusive” technology-based service and not a monthly digital marketing service. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to their review profile by any visitor or customer should it be used inappropriately or beyond the scope of what Mr. Pipeline deems acceptable.
AUTHORIZATION OF CONTENT
Customer hereby authorizes, Mr. Pipeline to use of all Customer’s logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary for search engine positioning and optimization. If Web site(s) requires additional textual content, Customer will provide said additional relevant text content in electronic format for the purpose of creating additional or supporting web pages.
As between you and Mr. Pipeline, with the exception, in some cases, of Submitted Materials, we own, solely and exclusively, all rights, title and interest in and to any Complimentary Marketing Microsites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Complimentary Marketing Microsite does not grant you ownership of any content, code, data or materials that you may access on the Site. All information you submit to Mr. Pipeline is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All fee-based content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and Mr. Pipeline. Mr. Pipeline agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Mr. Pipeline cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.
It is our practice to offer exclusivity to companies in the verticals we serve. Exclusive representation is not given to every client in every local market and must be qualified for. To qualify to be exclusive with Mr. Pipeline, you must spend a minimum amount on a monthly basis to our agency. Each vertical we service has a different minimum amount. An exclusive territory is a 30 mile radius around the clients primary office location/headquarters. It is our best practice to not have any clients territories overlap but in some cases it is unavoidable. In these situations, we always use our highest discretion to consider our exclusive clients needs first and make our best informed decision before taking on a new client. Mr. Pipeline has the right to refuse service to any potential client seeking to advertise in a territory that is already spoken for.
Mr. Pipeline 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 Mr. Pipeline unless otherwise stated in an additional contract or addendum.
BILLING AND PAYMENTS
Mr. Pipeline has specific policies concerning billing and payments. ALL products offered by Mr. Pipeline fall under this scope, including but not limited to the following packages: Pay Per Click Management, Search Engine Optimization, Website Design, Reputation Management and Creative Services. Payments may be made by credit card. 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 Mr. Pipeline at 561-899-3043 at least 30 business days prior to the due date of their next payment. ALL payments will be billed on the same day of the month for the previous months work, unless specified otherwise by the customer at point of sale. If the customers monthly payment declines and there is little or no communication after 7 days, Mr. Pipeline reserves the right to pause all services. ALL website design payments are billed an initial deposit. The final website design payment is automatically processed 30 days after the initial deposit date. Any client that stops payment or incurs insufficient funds during the campaign cycle owes the remaining balance of the agreement to Mr. Pipeline and all 3rd parties involved such as Google, Bing and Facebook prior to cancellation of agreement. FULL payment of new website designs are due within thirty (30) days from date of the signed agreement. During the website design process, there is a revision stage of fourteen (14) days. If there is no communication or lack of communication from the client after the fourteen (14) day revision stage, FULL website payment will be billed. Mr. Pipeline reserves the right to place any website “Under Maintenance” and pause/freeze services for any accounts receivable that exceed (7) seven days past due. To unpause or unfreeze services, Mr. Pipeline requires a non-negotiable $99 reactivation fee. If Mr. Pipeline holds a clients domain(s) in its parent web hosting account, the domain will be placed on auto-renew and will be billed and processed at the industry standard rate of $20 annually. Mr. Pipeline does not assume ownership or responsibility for any domain(s) or hosting renewal(s) for clients that only grant Mr. Pipeline “Delegate Access” permission. It is the sole responsibility of the customer to contact Mr. Pipeline to cancel their account. If the customer cancels their contract before the agreed term ends, the customer is liable for the the full set-up fee(s) of the enrolled services. In addition, any 3rd party marketing ad spend must be processed before departing. All final payments must be made via e-check. If any and all of the fees are not collected, Mr. Pipeline reserves the right to withhold access points and will send your account to collections immediately. If enrolled in any “Free Trials” such as Call Tracking, Live Chat or other services and the service(s) are not canceled within the trial period, the service(s) will automatically transfer to a paid subscription and will be added to the customers monthly bill.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MR. PIPELINE OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MR. PIPELINE FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of Florida, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of Palm Beach, State of Florida, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.
REPRESENTATIONS AND WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. MR. PIPELINE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH MR. PIPELINE OR ITS AGENTS.
INTELLECTUAL PROPERTY NOTICE
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of MR. PIPELINE and other owners and may not be used unless authorized by the trademark owner. MR. PIPELINE will enforce its Trademark rights to the fullest extent of the law.