inSeek Marketing Terms of Service

(Last update 5-26-2018)

PRIVACY

Please review our Privacy Policy hereinafter, which also governs your visit to our website, to understand our practices.

COPYRIGHT AND TRADEMARK POLICY

Please review our Copyright and Trademark Policy hereinafter, which also governs your visit to our website, to understand our practices.

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inSeek Marketing and its owners, employees and associates provide their services to you subject to the following conditions. If you engage inSeek Marketing, to manage your LinkedIn account, visit or shop within this website, you accept these conditions. Please read them carefully.

ELECTRONIC COMMUNICATIONS

When you visit inseekmarketing.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADE MARKS

inSeek Marketing’s trademarks and trade dress may not be used in connection with any product or service that is not inSeek Marketing’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits inSeek Marketing. All other trademarks not owned by inSeek Marketing or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by inSeek Marketing or its subsidiaries. LinkedIn(r) and its logos are the property of LinkedIn Corp, Sunnyvale, CA. inSeek Marketing makes fair use of these logos and trademarks to explain its services, but such fair use is not meant to imply any relationship between inSeek Marketing and LinkedIn Corp., its parent company, affiliates, employees, or subsidiaries.

LICENSE AND SITE ACCESS

inSeek Marketing grants you a limited license to access and make personal use of this site and not to download (other than page caching, or downloads through download links on this site) or modify it, or any portion of it, except with express written consent of inSeek Marketing. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of inSeek Marketing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of inSeek Marketing and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing inSeek Marketing’s name or trademarks without the express written consent of inSeek Marketing. Any unauthorized use terminates the permission or license granted by inSeak Marketing. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of inSeak Marketing so long as the link does not portray inSeak Marketing, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any inSeak Marketing logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. inSeak Marketing and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items or services purchased from inSeak Marketing are provided with no warranty whatsoever. This basically means that the risk of loss and title for such items pass to you upon our delivery to you, or the performance of our services.  In the case that the products or services you purchase from inSeak Marketing are electronic in nature (not physical products) risk of loss and title pass upon your download, or first access of such products or services.  inSeak Marketing assumes no liability for any damages incurred by the use of, or as result of the use of its products or services.  Users or buyers of the advice and/or services of inSeak Marketing assume total responsibility for any consequences of the use of its services, expressly including the loss or restriction of any social media accounts that inSeak Marketing may work on, or that users of the site may occasion by the use of the advise, methods, or routines advocated on inSeak Marketing.

PRODUCT DESCRIPTIONS

inSeak Marketing and its associates attempt to be as accurate as possible. However, inSeak Marketing does not warrant that product and services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by inSeak Marketing itself is not as described, your sole remedy is to notify inSeak Marketing that you wish to discontinue any services from that date forward. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY inSeak Marketing ON AN “AS IS” AND “AS AVAILABLE” BASIS. inSeak Marketing MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, inSeak Marketing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. inSeak Marketing DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM inSeak Marketing ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. inSeak Marketing WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting inSeak Marketing, you agree that the laws of the state of Utah, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and inSeak Marketing or its owners or associates.

DISPUTES

Any dispute relating in any way to your visit to inSeak Marketing or to products or services you purchase through inSeak Marketing shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate inSeak Marketings intellectual property rights, inSeak Marketing may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

BILLING AND COLLECTIONS

  1. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You must provide inSeak Marketing with valid credit card or other payment information to use the Service. inSeak Marketing reserves the right to modify its fees and charges and to introduce new charges at any time.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on inSeak Marketing’s income. If you believe your bill is incorrect, you must contact us in writing within 30 days.
  3. You agree to update payment information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, inSeak Marketing reserves the right to terminate your access to the Service in addition to any other legal remedies.
  4. Unless otherwise agreed to by inSeak Marketing, amounts will be billed in U.S. dollars.
  5. You may cancel your periodic payments to inSeak Marketing only in writing, and at least 30 days prior to the next periodic billing for such payment.  Send notifications for cancellations to doug@inSeak Marketing.  If such cancellation is not acknowledged by return email, it is your responsibility to resend, call by telephone, or otherwise secure acknowledgement of your cancellation intent, or you will continue to be billed.
  6. Failed billing for periodic payments shall be curred within 2 business days of such failure.  If such failed billings are not curred, inSeak Marketing will add a $100 dollar collection fee to the account, and MAY at its descretion, suspend services until both the unpaid periodic payment and the collection fee are received.  Suspension of services shall in no way be considered to be a remedy in exclusion of collections of uncancelled periodic payments by any legal means.

COPYRIGHTS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of inSeak Marketing or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of inSeak Marketing, with copyright authorship for this collection by inSeak Marketing, and protected by international copyright laws. inSeak Marketing has adopted and implemented the inSeak Marketing Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy hereinafter.

SECURITY

We care about the security of our users. While we work to protect the security of your content and account, inSeak Marketing cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.

THIRD-PARTY LINKS, SITES AND SERVICES

Our Products and/or content may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by inSeak Marketing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from inSeak Marketing, you do so at your own risk and you agree that inSeak Marketing will have no liability arising from your use of or access to any third-party website, service, or content.

TERMINATION OR SUSPENSION

inSeak Marketing may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, your account may be suspended or terminated. Upon termination or suspension of your account, you will continue to be bound by these Terms.

INDEMNITY

You agree to indemnify and hold harmless inSeak Marketing and its owners, managers, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) inSeak Marketing’s access to your accounts on other sites, including but not limited to your LinkedIn account, or (c) your breach of any of these Terms.

DISCLAIMERS

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. inSeak Marketing SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, inSeak Marketing SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL inSeak Marketing’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO inSeak Marketing FOR THE PAST TWO MONTHS FOR THE PRODUCTS AND/OR ERVICES OF THE COMPANY.

ARBITRATION

For any dispute you have with inSeak Marketing, you agree to first contact us and attempt to resolve the dispute with us informally. If inSeak Marketing has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and inSeak Marketing agree otherwise, the arbitration will be conducted in the Clark County, Nevada. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that inSeak Marketing will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND inSeak Marketing ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Salt Lake County, Utah or the United States District Court for Utah, for any actions not subject to Section 11 (Arbitration).

GENERAL TERMS

Notification Procedures and changes to these Terms. inSeak Marketing reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products and/or services of the company.. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by inSeak Marketing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with inSeak Marketing in connection with the Products and/or Services, shall constitute the entire agreement between you and inSeak Marketing concerning the Products and/or Services and supersede any prior terms you have with inSeak Marketing regarding the Products and/or Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and inSeak Marketing’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Government Agencies. If you are a government agency, these Terms apply to your use.  

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COPYRIGHT & TRADEMARK POLICY

inSeak Marketing (“inSeak Marketing”) respects the intellectual property rights of others and expects its users to do the same. It is inSeak Marketing’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Accounts with usernames, business names, writer names, or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended. If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by contacting us at the address or email below. inSeak Marketing will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from our site. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, inSeak Marketing will respond expeditiously to claims of copyright infringement committed using the inSeak Marketing website (the “Site”) that are reported to inSeak Marketing’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to inSeak Marketing’s Designated Copyright Agent. Upon receipt of the Notice as described below, inSeak Marketing will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement (“Notice”).
  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: – “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” – “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to inSeak Marketing’s Designated Copyright Agent: inSeak Marketing Copyright Agent 637 S. Post Street Salt Lake City, UT 84104 Email: copyright@inSeak Marketing What if I receive a Copyright Complaint (DMCA) notification? If you receive a notification that content has been removed due a copyright complaint, it means that the content has been deleted from inSeak Marketing at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to post new content on inSeak Marketing, and your account may be disabled completely. If you believe a post or other content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to File a Counter-Notice

  1. Email your counter-notice to copyright@inSeak Marketing. 2. Include ALL of the following:
  2. Your name, address, and telephone number. b. DMCA ID printed at the bottom of the notification email. c. The source address of the content that was removed (copy and paste the link in the notification email). d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error. e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which inSeak Marketing may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person. f. A physical or electronic signature (for example, typing your full name).

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PRIVACY POLICY

Our postal address is: inSeak Marketing 637 S. Post Street Salt Lake City, UT 84104 Email: copyright@inSeak Marketing inSeak Marketing takes privacy seriously. We are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers, prospects and other visitors to our website. This Policy applies to all of the products, services and websites offered by inSeak Marketing. If you have any questions about this privacy statement or the practices of this site, you may contact us at support@inSeak Marketing . In order for inSeak Marketing to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.

COLLECTED INFORMATION

We do not share user information with any third parties other than as described above.

COOKIES

inSeak Marketing, and our users may use “cookie” technology to track or record information about our website visitors. inSeak Marketing users who disable their web browser’s ability to accept cookies may not be able to successfully use our service.

THIRD-PARTY SITES

The site contains links to other websites. inSeak Marketing is not responsible for the privacy practices or the content of these sites. You will need to check the policy statement of other websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.

SECURITY

With respect to security, we employ industry-standard encryption technologies when transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. We do not store credit card information in our systems, other than the last 4 digits of that card, but rather it is stored by our credit card processor(s).

CHANGES TO PRIVACY STATEMENT

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change in the future, we will post the policy changes to our website to notify you and provide you with the ability to opt out of these new uses. To keep up-to-date with inSeak Marketing policy, please check this page periodically.

CONTACTING THE WEBSITE

If you feel that this site is not following its stated information policy, you may contact us by clicking on the “Contact Us” link in the menu.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to inSeak Marketing. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the menu.