This Terms of Service Agreement (herein as this "TERMS") constitutes the agreement between users and Red Marketing, LLC ("Red Marketing" or "us" or "we" or "our" or "its") concerning users access of its website at www.getredmaketing.com (the "Site"). In this TERMS, users are also referred to as "you" or "your." When you access the Site or any media channel related to the Site, this TERMS will govern your use thereof. The Site provides the following services: Website Design, Online Reviews, SEO Marketing, and Social Media Marketing (collectively, our "Services").
Red Marketing makes no representation that the Site is appropriate or will be available in other locations other than the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where its use would be contrary to law, regulation, or which would subject Red Marketing to any registration requirement within such jurisdiction. Accordingly, if you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with local laws. If you are a minor (i.e., under 18 years of age), you are not permitted to register on the Site or use our Services.
YOU NOW AGREE TO BE BOUND BY THIS TERMS BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS TERMS OR TO ANY MODIFICATIONS THAT RED MARKETING MAY MAKE TO IT IN THE FUTURE, DO NOT USE OR ACCESS THE SITE OR OUR SERVICES.
In consideration for the Services provided to you by Red Marketing through the Site, you agree to pay the recurrent monthly charge as described. Payments shall be charged to any payment method you choose on the Site.
You may cancel our Services at any time. If you cancel our Services after the first day of a month (for example, the second day of a month), we shall charge you, without refund, a full fee for that month as if it were to be a full month while the cancelation will take effect in the subsequent month. For the avoidance of doubt, if you wish to cancel our Services, it should be done before the deadline of each month — usually day 30 or 31 (as the case may be)
Red Marketing reservesthe right to modify our monthly charges without liability to you. If we modify our charges, it shall not affect the current month which you have already paid for. By using the Site and our Services, you agree to the charges and that we may modify our charges at any time
When you engage in a phone interaction with a Red Marketing’s agent for booking a service, we collect some personal information from you. This information is personal and can be used to directly identify who you are. The personal information we collect through phone calls include Realtor Name, Name of Realty, Email Address, Phone Number, Home Address, MLS Area, Broker Name, etc. We collect this information in order to identify you, contact you, and provide you our Services as requested.
When you access our website and reach out to us through our email address, we collect your email address. This will enable us to contact you or communicate with you when we need to reply to your request or pass a message across (when necessary).
When you visit our website, we collect cookies automatically through our programmed software. Cookies are bits of information that are programmed to track some activities about you for our marketing purposes. Cookies also help us to improve the functionality of the website and identify what features we need to improve on. In like manner, we use Facebook Pixel. Facebook Pixel is a code that is placed on our website to collect some information about users thereby helping us to track conversion from Facebook ads, optimize ads, build targeted audiences for future ads, and remarket to users who have already taken some action on our website.
By using our Services, you represent and warrant that:
All the registration information you submitted is accurate and complete;
You will maintain the accuracy of such information;
You will keep your password confidential and will be responsible for all activities regarding your account;
You are not a minor in the jurisdiction/location in which you reside, or if a minor, you have received parental permission to use this Site;
Your use of our Services does not violate any applicable law or regulation.
You also agree to that if you provide any information that is untrue, inaccurate, not current, or incomplete, or Red Marketing has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Red Marketing has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You acknowledge and agree that any questions, comments, testimonials, suggestions, ideas, feedback, or other information you forward to us about the Site or Red Marketing ("Submissions") are non-confidential and non-proprietary and Red Marketing shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you
You may not access or use the Site for any other purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include, but are not limited to:
attempting to bypass any of the measures designed to prevent or restrict access to the Site, or any portion thereof;
attempting to impersonate another user or using the username of another user;
criminal or tortuous activities;
deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
deleting the copyright or other propriety rights notice from any of the Site content;
engaging in any automated use of the system such as using any data mining, robots, or other information gathering and extraction tools;
harassing, annoying, intimidating or threatening any Red Marketing employees or agents engaged in providing any portion of our Services to you;
interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to it;
selling or otherwise transferring your user account without our consent;
systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
using any information obtained from the Site in order to harass, abuse, or harm other users or us;
using the Site in a manner that is inconsistent with any and all applicable laws and regulations;
reselling, transferring, distributing, assigning, or otherwise sharing Our Content to a third party without our consent or approval.
The content on the Site ("Our Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to Red Marketing, and are subject to copyright and other intellectual property rights under the United States, foreign laws, and international conventions. Our Content includes, without limitation, all source codes, databases, functionality, software, Site designs, audio, domain name, video, text, photographs and graphics, logos, designs, page headers, button icons, scripts, and service names and are registered trademarks, common law trademarks or trade dress of Red Marketing in the United States and other locations. Our trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to confuse and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Red Marketing.
Our Content on the Site is provided to you on "AS IS" basis for your information and personal use only and may not be used, copied, reproduced, or distributed for other purposes whatsoever without our approval.
Provided that you are eligible to access the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Our Content to which you have properly gained access solely for your personal, non-commercial use.
Red Marketing reserves the right but not the obligation to:
monitor the Site for violations of this TERMS;
take appropriate legal action against anyone who, in our sole discretion, violates this TERMS, including without limitation, reporting such user to law enforcement authorities;
otherwise, manage the Site in a manner designed to protect the rights and property of Red Marketing and others and to facilitate its proper functioning
This TERMS shall remain in full force and effect while you use the Site and our Services. You may terminate your use at any time, for any reason, by following instructions for terminating user accounts in your account settings, if available, or by reaching out to us using the contact information in section 16 below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS TERMS, RED MARKETING RESERVES THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY YOU ACCESS TO THE SITE AND OUR SERVICES (FOR ANY REASON OR FOR NO REASON AT ALL), INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY OF THE REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION OF THE SITE AND THE OUR SERVICES, DELETE YOUR PROFILE AND ANY PERSONAL INFORMATION THAT YOU HAVE SUBMITTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
In order to protect the integrity of the Site and our Services, Red Marketing reserves the right at any time in our sole discretion to block certain Internet Protocol Addresses from accessing the Site and our Services.
If Red Marketing terminates your account or participation for any reason, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
We may modify this TERMS from time to time. Any changes made to this TERMS will be posted on the Site and shall be effected by changing the date above. You accept to be bound by any modification made to this TERMS when you use our Services after any such modification becomes active. We may also, in our discretion, choose to alert users with active email addresses about any modification. It is therefore important that you review this TERMS and keep your contact information current in your account settings to ensure you are informed of modifications. You agree that you will periodically check the Site for updates to this TERMS and you will read the messages we send to you of any modification
We reserve the right at any time to modify or discontinue, temporarily or permanently, a part or feature of the Site or our Services with or without notice. You agree that Red Marketing shall not be liable to you or any third party for any modification, suspension or discontinuance of our Site or Services.
This TERMS and all aspects of the Site and our Services shall be governed by and construed in accordance with the internal laws of the State of California, without regards to conflict of law and its provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as described below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in USA County, State of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in such state and federal courts. In no event shall any claim, action or proceeding by you related in any way to the Site or our Services be instituted more than one (1) year after the cause of action arose.
To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS ("Dispute"), you and Red Marketing agree to first attempt to negotiate any Dispute informally for at least fifteen (15) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice from one party to the other
If you and Red Marketing are unable to resolve a Dispute through informal negotiations (described above), either you or Red Marketing may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA Consumer Rules"), both of which are available at the AAA website at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
You and Red Marketing agree that any arbitration shall be limited to the Dispute between you and Red Marketing individually. To the fullest extent permitted law: (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RED MARKETING, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (collectively, the "Red Marketing Team") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF OUR SERVICE WILL YIELD RESULT OF SALES AS EXPECTED; THEREFORE, WE ASSUME NO LIABILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT AND MATERIALS;
LOSS OF DATA, PROFIT, REVENUE, SALES, AND GOODWILL;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND SERVICES;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY OFF OUR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF OUR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
UNDER NO CIRCUMSTANCES SHALL RED MARKETING OR ANY OF THE RED MARKETING TEAM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES OF LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RED MARKETING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO RED MARKETING FOR OUR SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU MAY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY THEM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold harmless Red Marketing and the Red Marketing Team from and against, any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of your use of our Services, or arising from a breach of this TERMS or any breach of your representations and warranties agreed to above. Notwithstanding the foregoing, Red Marketing reserves the right, at your expense, to assume the exclusive defense and control of any matter to which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceedings which are subject to this indemnification upon us becoming aware of it.
This TERMS constitutes the entire agreement between you and Red Marketing regarding the use of our Services.
Our failure or delay to exercise any right or provision of this TERMS at a time shall not constitute a waiver of such right or provision at a later date. This TERMS operates to the fullest extent permissible by law.
You may not assign any of your rights, including your user account to another user or third party without our express written consent. Red Marketing, on the other hand, may assign any or all of its rights and obligations to a third party, including service providers at any time.
Red Marketing shall not be responsible or liable to you for any loss, damage, delay or failure to perform our obligations under this Agreement if such delay or failure is caused by any event or occurrence beyond our reasonable control. Events such as Acts of God, government actions, severe weather conditions, internet breakdown, etc.
If any provision, paragraph, section, or portion of this TERMS is deemed invalid, void, or unenforceable, the provision, paragraph, section, or portion shall be severed and shall not affect the remaining valid and enforceable provision, paragraph, section or portion.
There is no joint venture, partnership, employment, or agency relationship created between you and Red Marketing as a result of this TEMRS or your use of the Site and our Services. Upon our request, you will furnish us any documentation, substantial or releases necessary to verify your compliance with this TERMS.
In order to contact us regarding your reviews, complaints, testimonials, questions, inquiries, and requests, or this Policy, use the contact information below: