The Marketing Commando – Terms of Use

The Marketing Commando (Marketing Pro LLC) is registered in Arizona, United States having its registered office at 15720 N Greenway-Hayden Loop, Suite 8B, Scottsdale, AZ 85260 (“The Marketing Commando” / “we” / ”us” / ”our”).
The Terms of Use (“Terms”) apply to any visitors of our website, themarketingcommando.com (the “Website”) in addition to its associated services (the “Services”) provided by us. As a result, by using this Website, you have entered into a legally binding agreement (“Agreement”) with The Marketing Commando, and the Terms apply to you and your use of our Website and its Services under this Agreement. Our Privacy Policy, which governs the way we collect and use personal data, is incorporated by reference into these Terms. If you do not agree with the Terms, you shall not attempt to use our Services nor interact with our Website or any related Services.
Please direct all questions or concerns regarding our Terms to support@themarketingcommando.com.
We may update our Terms from time to time, and we will publish updates on this Website. If you do not accept the amended Terms, you should cease use of the Website following publication of the amended Terms.
Our Terms were last updated on October 3, 2016.

Application of Agreement
Headings in this Agreement are for reference purposes only and shall not be used in its construction and/or interpretation.

These Terms further our goal of providing a business resource for the benefit of our Website members, and in particular our goal to teach real estate business owners methods to build leads. You acknowledge that the Services are offered in accordance with the Terms. We allow you to use the Services if you are eligible to use them. The Terms apply to all visitors whether or not they decide to sign up as a member on the Website. You agree that by carrying out any action on our Website, you are agreeing to the Terms.

The governing law and jurisdiction of this Agreement is Maricopa County, Arizona. We both agree that any disputes regarding this Agreement may be engaged outside of court, or where court proceedings are pursued, then such pursuits shall be made solely within the relevant court in Maricopa County, Arizona.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. We reserve all rights, and we may defend our rights in accordance with the law by seeking the appropriate remedy through mediation, arbitration, or litigation as necessary.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect.

This Agreement and its Terms constitutes the entire agreement between us regarding the Services and supersedes all prior agreements for the Services.

Membership Types & Eligibility

Visitors must be 18 years or older (the “Minimum Age Requirement”) in order to be eligible to use the Services, except where law in the country where you reside requires that you must be older so that we may provide the Services to you. You must also not have a criminal record relating either to misrepresentation or to fraud. In order to the use the Services, you must create an account on the Website (“User Account”).

If you do not meet the eligibility requirements, you must stop using this Website immediately. If you meet the eligibility requirements, you may sign up to use Services on our Website.

We do not carry out background checks to confirm whether visitors are adhering to our eligibility policies, but we will investigate any matters that are brought to our attention.

Any visitor found to be in violation of the Terms shall not be eligible to use this Website or our Services unless otherwise determined by us.

Subscription & Membership

If you are eligible as described above, you may subscribe to use in accordance with our membership types and associated pricing guidelines as published on our Subscription & Fees page, therefore any commissions or other fees are determined on the Subscription & Fees page. Some of our products may have an access fee, which is different from a recurring monthly membership fee.

The “Subscription Period” is one calendar month, renewable in accordance with the Subscription & Fees page.

For membership types that require payment, the Subscription Period begins once we send you receipt of payment. If you do not receive a receipt, that does not change the Subscription Period, and you are responsible for contacting us or logging in with your User Account associated with the subscription to verify your membership status. We recommend checking your junk mail, spam mail, or filtered mail if you have not received a receipt.

As a member intending to use our Services, you agree that:

You will not conduct criminal activity of any kind when using the Services,
You will comply with all applicable laws and regulatory requirements,
You will not violate any intellectual property rights whether our own or those of third parties,
You will not attempt to negatively affect the integrity and security of our platform, the Website, or our Services,
You will not use our Website in any that that causes its stability to be affected as we determine,
You will not collect or harvest content, information, or material from the Website using any bot, spider, scraper, or other device, and
You will cooperate in the event we determine either you or another member of the Services may be in breach of the Terms.

As owners of the Website, we have the right to monitor the content on the Website in accordance with the Privacy Policy.

Any use of the Services reasonably determined as unacceptable by us is in breach of the Terms, and we reserve our right to take action in accordance with the Terms and in order to meet our legal and regulatory obligations.

Intellectual Property

All other content and material on our Website is the intellectual property of The Marketing Commando unless we have acknowledged otherwise, and we hold all rights, titles, and interests in the Website and any works associated with the Services. For the avoidance of doubt, this includes any of our marketing materials, podcasts, training guides, and any other resources we provide for the benefit of gaining leads. Significant time and effort has been invested into producing our content and material, and we will protect our rights.

It is an actionable offense for any visitor of the Website to attempt to use our intellectual property in any way in contradiction with these Terms and with the law, particularly we do not approve the copying of any works nor the creation of any derivatives works relating to our Website and its associated Services unless we have provided permission in writing.

Furthermore, The Marketing Commando respects the intellectual property rights of others. Accordingly, we will also prohibit access to our Services of anyone we determine to be promoting or causing the infringement of any copyright.

Termination

You may terminate this Agreement by notifying us in writing with one month’s notice, and we reserve the right to terminate this Agreement for any reason and without notice in accordance with our rights. We may remove your User Account and data associated with any subscription at our discretion.

We will not offer any refunds for any subscriptions or any other paid items unless otherwise determined by us.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties and disclaimers, indemnity clauses, and limitations of liability.

Disclaimer and Limitation of Liability

We are not responsible for content existing on any external, third-party website that may be hyperlinked on our Website.

We do not act as your agent, and we do not guarantee your lead generation. We are not responsible for any losses or gains you may make using our methods, we only provide information on how you can generate leads. We are not bound to any agreements made between you or any potential leads, and we disclaim all liability relating to any such agreements or associated transactions. We make no guarantees of any form as to the suitability of our Services for converting leads into sales. We may provide figures and methods that indicate how success is possible, but past performance is not an indicator of future results. You use the Services at your own risk, and the following terms apply:

NO WARRANTY

TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS EQUAL TO THE COST OF YOUR MEMBERSHIP FEE.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless The Marketing Commando, its affiliates, employees, representatives and administrators, from and against all claims and expenses, including reasonable fees for an attorney or legal representation, whether incurred by you or arising from your use of the Website in violation of the Terms.

Force Majeure
You agree that we are not responsible in relation to any activity on this Website, where we may normally hold responsibility, in the following circumstances: any change in or new laws, rules or regulations, or any act of a government, central bank, monetary authority or other entity in any country relating to, without limitation, exchange controls, restrictions on convertibility, freezes, moratoria, expropriations, requisitions, changes in a country’s currency for any reason whatsoever (including countries part of any monetary union), involuntary transfers or distraints of any kind, force majeure, natural disaster, industrial action, acts of war, acts of terrorism, civil strife, riots or a state of political or economic chaos in any country, or any other circumstances beyond our control.

Miscellaneous
Where we have not expressly prohibited any behavior on our Website, we reserve the right to take any action we believe is reasonable to preserve the Services.

Notice
Notices may be provided in writing between you and The Marketing Commando using your email address on file with us. In the event the last email address you provided is not valid or cannot receive the emails may have sent for delivery to you, our sending of the email will be construed as providing notice. You may also write to us at our registered office address using recorded delivery services provided by a reputable delivery service as determined by us.