Terms of Use

ACCEPTANCE OF TERMS

These terms of use are entered into by and between you and Erreco Strategies, LLC, a California limited liability company (“Erreco,” “we,” “us,” and “our”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of MarketingSimplified.com, Erreco mobile sites and applications, any other Erreco sites, applications, platforms or services, or any features of these sites, applications, platforms, and services, including, including, but not limited to, content, Website functionality, content feeds, including any accompanying headlines, links or metadata, podcasts, tools, widgets, social networking features, and any discussions (collectively, the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.marketingsimplified.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Additional terms of condition, including privacy rights, may apply to European Union (EU) residents, located within an EU member state or otherwise, or an employee or customer of an EU resident. Please refer to our Privacy Policy for additional information.

CHANGES TO THE TERMS OF USE

Erreco may, at its sole discretion, change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. All changes are effective immediately when posted and apply to all and any use of the Website thereafter. Your continued use of the Website following any changes to the Terms of Use will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Erreco grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

CHILDREN UNDER 16

The Website is not available or intended for use by persons under the age of 16. If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your country of residence), you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. By using the Website, you agree to be bound and otherwise comply with the aforementioned terms regarding your age.

PRIVACY POLICY

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Website. Our Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. You will be able to find the most current version of the Privacy Policy at www.marketingsimplified.com/privacy-policy. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message, e-mail or information you send to or through the Website or to the host, owner or e-mail associated with the Website or Erreco may be read or intercepted by persons other than the intended user. If you are using the Website on behalf of a business, that business also agrees to be bound by the Terms of Use and Privacy Policy.

USER RESTRICTIONS

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the information or material on the Website, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (ii) you may store files that are automatically cached by your web browser for display enhancement purposes. You agree to comply with all applicable laws and regulations regarding your use of the Website. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders,” “offline readers,” or similar methods to access the Website in a manner that sends more request messages to Erreco’s servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website; (vii) using the Website for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Website. You agree that Erreco has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Website and usage of the Website. Without limiting any other remedies, Erreco shall have the right to terminate your access to the Website or any part thereof at any time, without notice, in Erreco’s sole discretion for any reason, including, without limitation, if we determine that you have violated the Website, these Terms of Use or our Privacy Policy. Any violation of system or network security may subject you to civil and/or criminal liability.

THIRD PARTY LINKS

The Website may contain links to independent third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Erreco, and Erreco is not responsible for any Third-Party Links & Ads. Erreco provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. You expressly relieve Erreco from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. We encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, photographs, images, video, and audio, and the design, selection, and arrangement thereof), including all intellectual property, are owned by Erreco, its affiliates, suppliers, licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms of Use (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to the Website or its contents, features, or functionality, except for the limited access rights expressly set forth in these Terms of Use. Erreco and its affiliates, suppliers, and licensors reserve all rights not granted in these Terms of Use. There are no implied licenses granted under these Terms of Use. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from Erreco is strictly prohibited. All rights not expressly granted in these Terms of Use are reserved to Erreco.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content created and provided by the Erreco, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Erreco. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.‌                                                

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

USER CONTENT

You retain ownership of any User Content (as defined below) that you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you are granting us, our affiliates, and our respective officers, directors, employees, consultants, agents, and representatives a perpetual, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, analyze, create derivative works (such as those resulting from translations, adaptations or other changes made so that the User Content works better with the Website), communicate, publish, publicly perform, publicly display and distribute such User Content. This license continues even if you stop using the Website. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Website, you warrant and represent that your own the rights to the User Content or are otherwise authorized to post, use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content.

COMPLIANCE WITH LAWS

When accessing or using the Website, you agree to comply will all applicable international, country specific, federal, state, and local laws, rules and regulations (“Applicable Laws”), including, without limitation, any Applicable Laws with to respect the patent, copyright, trademark, and intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any Applicable Laws, including, without limitation, any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any Applicable Laws including any infringements of any third-party rights caused by any access or use of the Website, or any User Content provided or transmitted by you or your account. The burden of proving that any User Content does not violate any Applicable Laws or third-party rights rests solely with you.

CONTRIBUTIONS

In your communications with us, please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless we have specifically requested them. Therefore, please do not send to us any creative or original materials, such as ideas for software products, websites, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of us without any obligation of us to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on with the Website. We have adopted a policy the provides immediate suspension and/or termination of any user who is found to have infringed on the rights of Erreco or a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reach as follows:

Erreco Strategies
P.O. Box 4583
Davis, CA 95617

ALLEGED VIOLATIONS

We reserve the right to terminate your use of the Website at any time. To ensure that we provide a high quality experience for you and for other users of the Website, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Website. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Website by others.

AFFILIATED WEBSITES

We have no control over, and no liability for any third-party websites, services, or materials. We work with a number of partners and affiliates whose Internet websites may be linked with the Website. Because we do not have control over the content and performance of these partner and affiliate websites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time in connection with your use of the Website you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

NO WARRANTIES

The WEBSITE IS provided on an “as is, as available” basis. EXCEPT AS EXPRESSLY PROVIDED HEREIN, we MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TILE or non-infringement, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR THAT THE WEBSITE WILL BE COMPLETE, timely, RELIABLE, CURRENT, and free from harmful code, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.

LIMITED LIABILITY

our LIABILITY TO YOU IS LIMITED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH us IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL we, our AFFILIATES, OR our respective officers, directors, employees consultants, agents, and representatives BE LABILE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) however caused, whether in contract, tort or under any other theory of liability, and whether or not we have been advised of the possibility of such damages. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ERRECO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ERRECO NOR ANY PERSON ASSOCIATED WITH ERRECO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ERRECO NOR ANYONE ASSOCIATED WITH ERRECO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ERRECO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You understand and agree that you are personally responsible for your behavior on the website. You, and any business you represent, agrees to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees consultants, agents, and representatives Indemnified Parties from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Website, (b) User Content you submit, post, transmit, modify, or otherwise make available through the Website, (c) your violation of the Terms of Use, or (d) your violation of any rights of another.

ENTIRE AGREEMENT

The Terms of Use (including the Privacy Policy), make up the entire agreement between the parties regarding the Website, and supersedes any prior agreements or prior versions of the Terms of Use.

GOVERNING LAW; FORUM

The Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the state of California.

ARBITRATION

At Erreco’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, Privacy Policy or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in the Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ATTORNEY’S FEES

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

CORRECTION OF ERRORS AND INACCURACIES

The Website and these Terms of Use may contain typographical errors or other errors or inaccuracies and may not be complete or current. Erreco therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Website and Terms of Use at any time without prior notice. Erreco does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

ASSIGNMENT

You may not transfer any of your rights or obligations under the Terms of Use to anyone else without the prior written consent of us.

NO LICENSE

Nothing contained on the Website should be understood as granting you a license to any of the trademarks, service marks, or logos owned by us or by any third party.

SURVIVAL

The following sections shall survive any termination of the Terms of Use: “No Warranties,” “Limited Liability,” “Indemnity,” and “General.”

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEPENDENT CONTRACTORS

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

NO THIRD-PARTY RIGHTS

The Terms of Use control the relationship between us and you. They do not create any third-party beneficiary rights.

ACKNOWLEDGEMENT

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Created August 15, 2018