Marketing Success, Inc. dba Marketing Success. Inc.
TERMS AND CONDITIONS

Terms of Service:
Marketing Success, Inc. strives to provide the best possible service to all our clients. Our philosophy is to establish a long-term relationship with our Clients.  Clearly defining terms ensures we all have a common understanding of our working relationship.

Payment Policies, Fees, Refunds and Terms of Agreement:

Full payment is required before any Marketing Success, Inc. services are rendered, which includes video production fees, monthly service fees, custom programming fees, and any other professional fees associated with the implementation of services.

All payments are due in advance of service and notices of suspended services will be sent via electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (every one month or every one year) following the date the account was established. Recurring Monthly billing will continue until you cancel your Marketing Success. Inc. Video account. You may cancel at anytime.

As a policy, we do not offer credits or refunds for Marketing Success. Inc. service already expended or for any unused impressions remaining. If you decide to cancel after prepayment, you will not receive a refund for the current month’s service (We do not give partial months refunds). If you have prepaid for twelve months and received an annual discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to valid cancellation by the client. If cancellation is done by Marketing Success, Inc. due to violation of these Terms and Conditions, there will be no refund. All monetary transactions are in US dollars. Additional features can be added at any time. Monthly service and custom feature prices are not prorated. Marketing Success, Inc. dba Marketing Success. Inc. reserves the right to change prices at any time.

Account Cancellation:
You may cancel your Marketing Success. Inc. service at anytime. To cancel your account, please contact billing at support@marketingsuccess.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the clients responsibility to verify email confirmation from Marketing Success, Inc. that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy:
You agree to use all Marketing Success, Inc. products, services and features at your own risk. Marketing Success. Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Marketing Success. Inc. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Marketing Success, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Marketing Success, Inc. its agents, affiliates, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product or service sold by customer, it’s agents, affiliates, employees or assigns. Customer agrees to defend, indemnify and hold harmless Marketing Success, Inc. against liabilities arising out of :
(1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Marketing Success. Inc. products or services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer using Marketing Success, Inc. dba Media Edge Studio products or services.

Marketing Success, Inc. shall be the sole judge of what violates this Policy.

Marketing Success, Inc. reserves the right to monitor any and all content provided by client for use with its services. You agree that Marketing Success, Inc. is not considered a "secure communications medium" and that no expectation of privacy is afforded.

Use of Website for Promotional Purposes:
Client grants Designers the right to use the Website for promotional purposes and/or to cross-link it with other Websites developed by Designers. Marketing Success and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Client agrees that Designers’ credits will be placed on the front page and links page of the Website.  Client also agrees to put on Designers’ copyright notices on the Website and the relevant content therein.

Content Policy:
All services provided by Marketing Success, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Marketing Success, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sexually-related services, products, merchandising or content are strictly prohibited on all Marketing Success, Inc. servers. This includes content that may infer sexual content, or links to adult content elsewhere. Marketing Success, Inc. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Marketing Success, Inc. servers or any other server on the internet. Links to such materials are also prohibited.

Marketing Success, Inc. does not host content of its competitors or content promoting sites of its competitors.

We will not tolerate any unlawful activity or abuse on our servers and we retain the right to accept or reject client provided video content that we deem to be socially unacceptable. We respect freedom of speech and expression unless it is potentially hurtful or harmful to others.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your Video Services content being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.
Marketing Success, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Marketing Success. Inc. or any other Internet servers will result in immediate account deactivation without prior notice. No refund, even for pre-paid service, is given in this case.

All Marketing Success, Inc. service plans come with a predetermined amount of video impressions. We monitor all accounts and may bill your credit card for video impressions that exceed your predetermined plan amount. You may be charged for video impressions that you use beyond our plan limits without prior notification. You can monitor your impressions at anytime in your Client Control Panel.

Backups:
Full backups are made weekly, and backups of new/changed data made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only.

Marketing Success, Inc. reserves the right to amend our Terms and Conditions at any time and without notice. No modification of these terms shall be effective unless it is set forth in a writing signed by Marketing Success, Inc. dba Marketing Success. Inc..

Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.  Exclusive jurisdiction and venue shall be in Kent County, State of Michigan courts.