Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using mapsandlegendsmk.com (hereinafter referred to as the “Site”). The Site and its content are owned by Maps & Legends Marketing LLC.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on the Site or Maps & Legends Marketing LLC.
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at firstname.lastname@example.org.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 19 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
“Company”, “We”, “I”, “Our”, or “Us” means Maps & Legends Marketing LLC and our website, mapsandlegendsmk.com
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Lindsey Jacobs, Christina Mariconti, Spire Marketing, and/or mapsandlegendsmk.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Spire Marketing and/or on mapsandlegendsmk.com , including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Site, Courses, Services, and/or Products” means mapsandlegendsmk.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, search engine optimization services, website design and development services, graphic design services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
“Site” means mapsandlegendsmk.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree & consent not to:
• Abuse or harass any person through or on the Site.
• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
• Post or transmit any “spam” or unwanted, unsolicited content.
• Post copyrighted materials, photographs, or content which do not belong to you.
• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
• Unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Maps & Legends Marketing LLC are owned by the you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Maps & Legends Marketing LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
4. OWNERSHIP OF CREATED CONTENT
You retain ownership of all designs, visuals, audio, and/or graphics produced by Maps & Legends Marketing LLC for the you in accordance with your purchase of Maps & Legends Marketing LLC’s Services or Products. Notwithstanding the above provision, Maps & Legends Marketing LLC and its subcontractors retain the right to display graphics and other elements as examples of their work in their respective portfolios. You are not entering into an exclusive agreement with Maps & Legends Marketing LLC and may work with additional animation teams of your choice at any time in the future.
1. Maps & Legends Marketing LLC’s Services, Courses, and Products are provided on an ‘as is’ basis. Maps & Legends Marketing LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, Maps & Legends Marketing LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
6. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
7. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
8. Links to Third-Party or External Websites:
9. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Maps & Legends Marketing LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
11. Your License to Us:
By commenting on the Site, or submitting documents to Maps & Legends Marketing LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
12. Purchase & Access Terms:
During the course of your use of the Site, Purchase, and/or Download from the Site or enrollment in a Service Plan, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site or access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
13. Sharing the Site & Its Content:
You must request and receive written permission by email email@example.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Maps & Legends Marketing LLC.
14. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
15. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
16. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Maps & Legends Marketing LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Maps & Legends Marketing LLC’s, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
17. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Maps & Legends Marketing LLC’s does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
18. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for digital marketing services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Lindsey at firstname.lastname@example.org.
19. ARBITRATION CLAUSE:
Except as may otherwise be provided in this Agreement, any dispute concerning the contents of this Agreement, if it cannot be settled through direct negotiation, shall first be submitted to mediation according to the terms specified below. All Parties agree to try in good faith to settle the dispute by mediation before resorting to arbitration.
19.1. Any Party that wishes to have a dispute mediated shall submit a written request for mediation to the other Party. Mediation shall commence within fifteen (15) days after the date of the written request for mediation. Any decision reached by mediation shall be reduced to writing, signed by all parties, and shall be binding on each Party. The costs of mediation shall be shared equally by the Parties. Each Party shall cooperate fully and fairly with the mediator in any attempt to reach a mutually satisfactory compromise to a dispute.
19.2. If the dispute is not resolved within thirty (30) days after it is referred to the mediator, the dispute shall be submitted for arbitration according to the terms specified below or on terms agreeable to the Parties at the time the dispute is submitted to arbitration. To the maximum extent permitted by law, all disputes, controversies, claims, or demands of any kind or nature arising between the Parties in connection with this Agreement, whether at law or in equity or based upon common law or any federal or state statute, rule, or regulation will be resolved through binding arbitration. Any arbitration commenced hereunder shall be initiated in Pensacola, Florida and shall be governed by the Rules of the American Arbitration Association (the “AAA”) from time to time in force. This submission and agreement to arbitrate shall be specifically enforceable.
19.3. The arbitration shall occur before a single arbitrator that shall be mutually agreed upon by the Parties (the “Arbitrator”). If the Parties cannot agree on a single arbitrator, then an arbitrator shall be selected in accordance with the rules of the AAA.
19.4. Within fifteen (15) days of the delivery of the notice of intention to proceed to arbitration to the other Party, each Party shall reply in writing to the Arbitrator, stating its views of the nature and appropriate outcome of the dispute.
19.5. The Arbitrator shall hold a hearing on the dispute within fifteen (15) days after replies have been received from both Parties or, if all replies have not been received, no later than thirty (30) days after the giving of notice of intention to proceed to arbitration. Each Party shall be entitled to take any discovery as is permitted by the applicable rules and the Arbitrator. In determining the extent of discovery, the Arbitrator shall exercise discretion, but shall consider the expense of the desired discovery and the importance of the discovery to a just adjudication.
19.6. The cost of arbitration shall be borne by the Parties equally unless the Arbitrator directs otherwise. All awards rendered in such proceedings shall be final and binding on the Parties to the extent and in the manner provided by the Florida Rules of Civil Procedure. All awards may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and the issuance of execution for its collection. No Party shall be considered in default hereunder during the pendency of arbitration proceedings relating to such default.
20. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Florida
21. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Florida or a state court located within the State of Florida in connection with any matter arising out of these Terms & Conditions, and or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
22. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Florida for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Florida.
23. Payment & Purchases:
When you Purchase or Download one of our Services, Products or Courses from us or the Site, you may pay by credit card. By doing so, you give Maps & Legends Marketing LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or monthly payment plan at checkout, you agree that Maps & Legends Marketing LLC has permission to automatically charge your credit card, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. If your payment method fails or is otherwise declined and is not updated within 30 days, you will be removed from, or canceled from having access to our Services, Products and/or Courses.
We do not accept any chargeback threats (real or threatened ). If any chargebacks are placed on a Purchase or Download pertaining to Maps & Legends Marketing LLC's Services, Courses, and /or Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
You hereby acknowledge and agree that if you end payment on a plan with a 3-month, 6-month, or 12-month payment plan for website design and development services, you are responsible for paying off the remainder of the website balance due, or the website will remain Maps & Legends Marketing LLC's property.
24. Limitation of Liability:
Maps & Legends Marketing LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
25. Defense & Indemnification
26. Termination of Your Use
27. Entire Agreement
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
29. Your Privacy & Security on the Site:
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
• Website: mapsandlegendsmk.com
• Email: Lindsey at email@example.com
• 418 W Garden St Suite 306, Pensacola, FL 32502
Terms & Conditions
© Copyright 2022 Maps & Legends LLC. All Rights Reserved. Pensacola, FL.