Standard Terms and Conditions
Below are Pinecrest Marketing Group's Terms and Conditions for Website use and Services. Please take time to read through and ensure you understand them. By requesting designs and/or services from us, you agree to these Terms and Conditions, and you are aware that you are entering a binding contract – payment is required for services rendered.
These Terms and Conditions are subject to change without notification and apply to our contractors and subsidiaries.
Website Terms of Use
Introduction
These terms of use (Terms) outline how to use our website, the materials contained within it, including the templates, documents, text, images, videos, audio, scripts, software and any other information capable of being stored on a computer, as well as services provided by third-party suppliers (collectively “Materials”). In these terms of use, we, us, our and PMG means Pinecrest Marketing Group
Consent to terms
If you access our website or use or download any of our Materials, you are taken to have agreed to these Terms, our collection policy and privacy policy. If your use of our Website or Materials is in relation to an Event (such as a training program, show, seminar, conference, conference call, webinar or a virtual event), these are also subject to your agreeing to our “Event Terms and Conditions”
Please read these Terms and policies carefully and if you do not agree, you should cease using our website and Materials immediately.
Information is general
All information within our website and Materials is general information only; it has not been created or adapted to the particular needs, objectives or circumstances of any person or organization. Information within this website should not be used as a substitute for professional advice.
License to use
We grant you a non-exclusive, revocable, non-sublicenseable, non-transferable license to use our website in accordance with these Terms. Our Materials are subject to further terms of use, subjective to the service, package, and subscription type. All other uses of our website and/or Materials are prohibited unless we give you our written consent.
Pricing
When you purchase a Membership subscription, you agree to pay the price stated at the time of your order. All prices are in United States Dollars (USD). PMG reserves the right to change the prices and fees at any time. We will provide you with 30 days’ notice if the regular rate of a Membership Subscription changes from what was stated at the time of your order. Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your Membership Subscription you may cancel, subject to the Cancellation and Post Termination obligations contained within these Terms.
From time to time, we may offer discounts on pricing to members. Any discounts are at the sole discretion of PMG. We reserve the right to cancel or change discounts at any time for future purchases. Discounts may be subject to special conditions and you should ensure that you read any conditions prior to purchase.
Privacy
You agree that your name, email address, company name, address and phone number will be collected and stored by PMG and used for the purpose of managing your subscription or purpose, communicating with you about your subscription or purpose and to notify you of any associated customer offers or benefits or future Materials, unless otherwise notified by you.
Content modification
PMG reserves the right to modify the content, inclusions, third-party suppliers, type and availability of Materials at any time. In the event PMG changes the Membership Subscription packages, you will be given 30 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next payment or as notified by PMG.
Prohibited activity
When using our website and Materials, we expect a standard of behavior; you must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website or Materials, anything which we would consider inappropriate or which might bring us, our website or our Materials into disrepute. This includes:
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Anything that would be a breach of another person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
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Anything that would breach our intellectual property rights or those of another person or organization;
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Using our website or Materials to defame, harass, threaten, menace or offend any person;
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Interfering with anyone using our website or Materials;
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Tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website or Materials, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
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Using our website or Materials to compete with our business in any way; or
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Facilitating or assisting a third party to do any of the above acts.
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Intellectual Property
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Unless indicated otherwise, we own or license all rights, title and interest (including intellectual property rights) in our website and all of our Materials. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or Material.
You must not use the Materials to reproduce, re-sell, rent, lease, distribute, or exploit, or offer products or services similar to ours or for any purpose other than to use yourself or within the business who purchased access to the Materials. You may amend the Materials in order to tailor them to your circumstances. All other use, copying or reproduction is prohibited.
You acknowledge and agree that PMG shall have the right to utilize data capture, syndication and analysis tools and other similar tools to extract, compile, synthesize and analyze any non-personal unidentifiable data or information resulting from your use of the website and Materials (“Statistical Data”). PMG shall own all Intellectual Property Rights in the Statistical Data.
PMG shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the website or Materials or otherwise use any suggestions, enhancement requests, recommendations or other feedback PMG receives from you.
No endorsement of other organizations
Our website, Materials and communications (such as emails, MMS or SMS) may incorporate links to the websites run by third parties. The links should not be taken as implying an endorsement or approval of the content of these websites or the activities of the organizations and businesses responsible for them. We are not responsible for the content of any website linked to or from our site.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our website or Materials, including that:
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They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
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Access will be uninterrupted, error-free or free from viruses; or
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Our website will be secure.
You read, use and act on our website and Materials at your own risk.
Liability
To the full extent permitted by law, you exclude all liability to PMG under or in connection with this agreement in contract, tort (including negligence), statute or otherwise for loss of profit, data, goodwill or business, for any interruption to business, for any failure to realize anticipated savings or for any consequential, indirect, special, punitive or incidental damages.
Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this agreement, to the extent to which PMG is entitled to do so, PMG limits its liability in respect of any claim to the supply of the services again or the amount paid by you for the services.
Indemnity
To the maximum amount permitted by law, you indemnify us (including our contractors, personnel and related bodies) and hold us harmless, against any loss, damage or expense, however it arises, whether directly or indirectly and/or whether present or future suffered by you or a third party, arising from or in connection with your use of our website and/or Materials and/or any inaccessibility of, interruption to or outage of our website and/or any corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.
Transfer
We may transfer (assign) our obligations and rights under these Terms to a third party (for example if we sold our business). Our rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms.
Changes & Severability
We may alter these Terms at any time. Any such changes will become binding upon your first use of our website or Materials after the changes have been implemented. You will be presented with new Terms when they change.
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
Communication
If you have an Account, we may from time to time send you notices by email or SMS. Such notices may relate to matters including, but not limited to, service changes, changes to the Terms, changes to the website or Materials as well as new products, services, third party offers and upcoming events or training courses.
Jurisdiction
These Terms shall be governed by and construed in accordance with the laws and courts of the state of Kansas, United States.
Services Terms and Conditions
Pinecrest Marketing Group stands behind the quality of its services. If you are not satisfied with your service(s) from us, please contact us within five business days from the date you receive it/them to discuss.
Graphic Design
General Designs
By requesting service from Pinecrest Marketing Group, you agree that you have read and understand the Terms and Conditions. You also acknowledge you are responsible for approving all artwork proofs and ensuring accuracy and suitability prior to printing. This includes, but is not limited to: design, spelling, grammar, illustrations, and images. Proofing is the responsibility of the client.
Logos
You have ownership of the final logo design for use in any way you need. Pinecrest Marketing Group retains the right to use the final logo, or any versions of the logo created in the process. You understand that it is your responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Pinecrest Marketing Group is not responsible for any printer errors including printed material that is damaged, lost, or delayed.
Website Design
Pinecrest Marketing Group will provide you with a website design that is unique, creative, and custom-tailored to your business. We will work with you to develop a design that reflects your company's brand and identity, and that includes all of the features and functionality you need to run your business effectively.
Before any work begins, we may require a 50% deposit. Once the design is delivered and approved, we require payment in full before delivery of the final product. We reserve the right to delete websites, or take ownership of, with accounts more than 30 days outstanding payment.
In the event of termination of the project, we own the website design and have the right to complete, exhibit, or sell it (not including business name). Once invoices are paid in full, you have the right to use images of website design in all media useful for business promotion; we reserve the right to display the site for promotional use by business.
Upon completion of the website build, we will provide you with opportunity to review the complete site. We will make one set of minor changes at no extra cost within 14 days. What is "minor" is up to our discretion (editing text, swapping out images).
We reserve the right to add a small credit on your website. This will be in the form of a small line of text placed at the very bottom of the page, in the footer. You also agree to allow a link to your site on our website for self-promotional purposes, unless agreed to by both parties in writing beforehand.
Email Marketing
By requesting service from Pinecrest Marketing Group, you agree that you have read and understand the Terms and Conditions. You also acknowledge you are responsible for approving all email proofs and ensuring accuracy and suitability prior to printing. This includes, but is not limited to; design, spelling, grammar, illustrations, and images. Proofing is the responsibility of the client.
We are not responsible for any spam or malicious mail sent to your email addresses. We only send legitimate marketing emails, and it is beyond our control if your email address is used by a third party to send you spam.
Social Posting
Monthly Subscription Service Payment
You agree to pay the monthly fees in advance for each month, near the last business day of each month. Pinecrest Marketing Group reserves the right to hold the monthly services if payment is not made within five (5) days after the due date. If a payment delay is anticipated, please contact us to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement.
Payment
Pinecrest Marketing Group will invoice you via email using Square, once your job is complete. Payment is due in full, via credit or debit card, at that time. We accept Visa, Mastercard, Discover, and American Express.
Social Media Management
By requesting service from Pinecrest Marketing Group, you agree that you have read and understand the Terms and Conditions. You also acknowledge you are responsible for approving all email proofs and ensuring accuracy and suitability prior to printing. This includes, but is not limited to; design, spelling, grammar, illustrations, and images. Proofing is the responsibility of the client.
We are not responsible for any spam or malicious mail sent to your email addresses. We only send legitimate marketing emails, and it is beyond our control if your email address is used by a third party to send you spam.
Social Media Marketing
Right to content and its use
The text, designs, graphics, logos, icons, images, videos, and interfaces, as well as the selection and arrangement thereof posted by Pinecrest Marketing Group, are the exclusive property of, and owned by, Pinecrest Marketing Group or its contractors and are protected by copyright, trademark, and other applicable laws.
You may not copy, download, or print the content on our social media sites for any use unless you are a Bronze, Silver, or Gold member.
We may occasionally use or modify the content (other than your personal information) that you publicly and voluntarily provide on our social media sites or through our channels, unless you reserve such right.
Bear in mind that Pinecrest Marketing Group may share such information to others, including individuals outside of Pinecrest Marketing Group (e.g., regulators, law enforcement agencies, third parties) and in any media now known or later developed. We will only do so as allowed by law.
You represent and warrant that you have the right to post all text, designs, graphics, icons, images, videos and other interfaces on the Pinecrest Marketing Group sites and that doing so does not violate the intellectual property rights of any third party. You hereby grant to Pinecrest Marketing Group a non-exclusive, irrevocable, royalty-free, worldwide license to host and display all such text, designs, graphics, icons, images, videos, and other interfaces on the Pinecrest Marketing Group sites.
SEO/Google
By requesting service from Pinecrest Marketing Group, you agree that you have read and understand the Terms and Conditions. You also acknowledge you are responsible for approving all email proofs and ensuring accuracy and suitability prior to printing. This includes, but is not limited to; design, spelling, grammar, illustrations, and images. Proofing is the responsibility of the client.
We are not responsible for any spam or malicious mail sent to your email addresses. We only send legitimate marketing emails, and it is beyond our control if your email address is used by a third party to send you spam.
Contractors
Pinecrest Marketing Group will use only qualified personnel to provide the services we offer. We reserve the right to make changes to our team. All contractors are covered by our Terms and Conditions.
Refunds
If you have already confirmed or approved a design, we do not provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
Indemnification
You agree that you shall defend, indemnify, save and hold Pinecrest Marketing Group harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the our development of your services. This includes liabilities asserted against us, our contractors, and clients, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall we, our contractors, or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the our records, programs or services. Notwithstanding the above, your exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which you paid during the term of this contract and any reasonable legal fee and court costs.
Ownership
Copyright to the finished assembled work of services produced by Pinecrest Marketing Group and graphics shall be vested with you upon final payment for the development. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of you for completion of this development. All materials developed that are intended for publication to the web remain the property of Service Provider until such time as final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.