1. About these terms
These Terms of Service (the "Terms") govern your use of the website at marketers.com (the "Site"), operated by Marketers.com ("we", "us", "our"). By using the Site or sending a request through it, you agree to these Terms. If you do not agree, please do not use the Site.
The company that operates the Site:
2. The Site and the free analysis
The Site describes our outsourced marketing services and lets a business request a free marketing analysis. When you send the request form, we review the information you gave us, prepare the analysis and contact you by email or phone to deliver it and to present a proposal.
The analysis is free and does not oblige you to buy anything. The analysis and the proposal are informational. They are not a binding offer until both parties sign a written agreement. We may decline a request, for example when it is incomplete, when it comes from outside the markets we serve or when we cannot verify it.
3. Paid services
Marketing services are provided only under a separate written agreement between you and us, which sets out the scope, the fees, the payment terms and the term. If that agreement conflicts with these Terms, the agreement controls for the services it covers.
4. Who can use the Site
The Site is intended for businesses. By sending a request you confirm that you are at least 18 years old, that you act on behalf of a business and that you have the authority to do so.
5. Information you send us
You agree to give us accurate information and to send a request only for a website and a business that you own or are authorized to represent. You allow us to review the publicly available parts of that website and of your marketing channels in order to prepare the analysis.
We handle personal information as described in our Privacy Policy, which you can open from the footer of every page.
6. Acceptable use
You agree not to:
- use the Site in a way that breaks the law or infringes the rights of others,
- send false, misleading or automated requests, or requests on behalf of someone who has not authorized you,
- interfere with the operation or security of the Site, probe it for vulnerabilities or bypass technical limits,
- copy, scrape or republish substantial parts of the Site without our written permission,
- upload or transmit malicious code.
7. Intellectual property
The Site, including its text, design, graphics, logos and code, belongs to us or to our licensors and is protected by intellectual property laws. You may view the Site and print or save pages for your internal business use. No other right or license is granted.
The analysis we prepare for you is for your internal business use. Unless a written agreement says otherwise, we keep the rights to our methods, templates and know-how.
8. No guarantee of results
The content of the Site and the free analysis are general business information. They are not legal, financial or tax advice. Examples on the Site illustrate how we work and are not a promise of results. Marketing results depend on many factors outside our control, and we do not guarantee any particular outcome unless a written agreement says so.
9. Disclaimers
The Site and the free analysis are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted, error free or secure at all times.
10. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Site or of the free analysis. Our total liability for any claim arising from the Site or from these Terms is limited to one hundred US dollars (USD 100).
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Liability for paid services is governed by the written agreement for those services.
11. Indemnification
You agree to indemnify us and hold us harmless from claims, damages and reasonable costs (including attorney fees) that result from your breach of these Terms or from a request you sent without the authority to send it.
12. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. The state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising from these Terms or from the Site, and you consent to the personal jurisdiction of those courts.
13. Changes to the Site and to these terms
We may change or discontinue any part of the Site at any time. We may also update these Terms. The date at the top shows when they were last updated. The updated Terms apply to your use of the Site from the day they are posted.
14. General
If a court finds any part of these Terms unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the use of the Site.
15. How to contact us
Questions about these Terms can be sent through the contact form. Our company details are shown in "About these terms" at the top of this document.