By using the MKT Hero web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
MKT Hero reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: mkthero.com/terms.
Violation of any of the terms below will result in the termination of your Account.
While MKT Hero prohibits such conduct and Content on the Service, you understand and agree that MKT Hero cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
MKT Hero grants to the customer, the customer’s members and users, a non-exclusive, non-transferable, limited right license to access the Services during the term of this Agreement solely for the use of Customer, its members and users. The license shall not include a right of the Customer to sublicense, resell, or distribute access to or use of the Services. The Customer agrees that it will not grant any third party the right to access the administrative portion of the Services or attempt to copy the website.
The website and its contents are owned or licensed by the website owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the website content. Use of website content for any reason is unlawful unless it is done with the express contract or permission of the website owner.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. MKT Hero cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The initial terms of this Agreement shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
Payment and Refunds
- A valid credit card is required for all MKT Hero accounts.
- The Service is billed in advance on a monthly basis from the date you sign-up and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- If your credit card is declined or expired, we allow a 5 day “grace” period from which you must update or provide a valid credit card.
Cancellation and Termination
- Either party may terminate this Agreement (a) for cause by giving the other party thirty (30) days prior written notice. If a payment is due during the 30 days, it will be charged in full and considered the final payment.
- MKT Hero can terminate this Agreement in the event of nonpayment by Customer.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- 30 day notice is required.
- If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter, Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
- MKT Hero in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. MKT Hero reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- MKT Hero reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MKT Hero Site or the Service itself.
- MKT Hero shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- MKT Hero does not pre-screen Content, but MKT Hero and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The Customer acknowledges that the Company is the owner of the Website, and that the Customer is purchasing a service to use a template-based website that will be returned to the Company after the Agreement is terminated.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, LOST DATA OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE COMPANY’S TOTAL LIABILITY TO THE CUSTOMER AND THE EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DAMAGES, COSTS, AND EXPENSES, REGARDLESS OF CAUSE, SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE TO THE COMPANY IN THE MOST RECENT FULL CALENDAR YEAR BY THE CUSTOMER UNDER THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the website operator, its officers, directors, employees and agents, from and against any and all claims, damages, limited to attorney’s fees arising from (a) your use of and access to the website, (b) your violation of any term of these Terms or breach or alleged breach of any representation or warranty herein, (c) your violation of any third party right, including, without limitation any copyright, property, or privacy right, or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the website.
The customer shall hold and keep the confidentiality of the Confidential Information of the Company and shall not use or disclose the Confidential Information to any third party. “Confidential Information” shall mean any financial information, trade secrets, inventions, products, designs, methods, techniques, processes, software programs, works of authorship, business plans, customer lists, proposals and any other information of the Company. This provision will remain in effect after the termination of this Agreement.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that MKT Hero uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MKT Hero.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MKT Hero.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MKT Hero customer, employee, member, or officer will result in immediate account termination.
- MKT Hero does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error free, (c) the results that may be obtained from the use of service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (e) any errors in the Service will be corrected.
- You expressly understand and agree that MKT Hero shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MKT Hero has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the service, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, (c) unauthorized access to or alteration of your transmissions or data, (d) statements or conduct of any third party on the service, (e) or any other matter relating to the service.
- The failure of MKT Hero to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MKT Hero and govern your use of the Service, super-ceding any prior agreements between you and MKT Hero (including, but not limited to, any prior versions of the Terms of Service).