Last updated: January 10, 2023
1. Account Terms
To access and use the content, products, and services, you do not, at this time have to create an account with The Business of Marketing (herein after referred to as, BOM). We reserve the right to change this at any date and will notify you by updating this section of the Terms of Service and Use.
The BOM uses PayPal to collect all payments for goods and services purchased through the online store. Client billing is handled separately and outside of the bounds of the website. If you are a client of BOM, you will be billed according to the contract you signed and will receive a separate Terms of Service agreement prior to any work beginning.
3. General Conditions
The Terms of Service and Use shall be governed by and interpreted in accordance with the laws of Virginia, without regard to principles of conflicts of laws.
You acknowledge and agree that BOM may amend these Terms of Service and Use at any time by posting the relevant amended and restated Terms of Service and Use on BOM’s website, on this page and such amendments to the Terms of Service and Use are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BOM’s website constitutes your agreement to, and acceptance of, the amended Terms of Service and Use. If you do not agree to any changes to the Terms of Service and Use, do not continue to use the Service and this site.
You may not use BOM’s Services or Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States of America and the state of Virginia. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service and Products, use of the Services or Products, or access to the Services or Products without the express written permission by BOM.
Questions about the Terms of Service and Use should be sent to firstname.lastname@example.org.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. The BOM shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without BOM’s prior written consent, to be given or withheld in BOM’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service and Use, is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service and Use, and the Terms of Service and Use will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service and Use.
The BOM content, products, and services belong to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use BOMs products, services, and site, you will comply with our API terms.
4. The BOM Rights
We reserve the right to modify or terminate this site, and any products or services through it or from BOM for any reason, without notice at any time. We reserve the right to refuse products and services to anyone for any reason at any time. We may, but have no obligation to, remove Materials and suspend or terminate products and services if we determine to do so at our sole discretion.
Verbal or written abuse of any kind (including threats of abuse or retribution) of anyone on or through this site will result in immediate termination of use of products, services, and this site.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
In the event of a dispute regarding product or service ownership, we reserve the right to request documentation to determine or confirm your dispute.
We can modify, cancel or refuse the service at any time.
5. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, BOM shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the products and services offered by BOM.
To the extent permitted by applicable laws, in no event shall BOM or our contractors be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our Products, our Services, or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BOM partners, contractors, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service and Use or the documents it incorporates by reference or your violation of any law or the rights of a third party.
Your use of the Products and Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
BOM does not warrant that the Products or Services will be uninterrupted, timely, secure, or error-free.
BOM does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Products and Services will meet your expectations, or that any errors in the Products and Services will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Products and Services are “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited. We are not responsible if Squarespace encounters issues.
6. Waiver, Severability, and Complete Agreement
The failure of BOM to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service and Use, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service and Use, including the documents it incorporates by reference, constitute the entire agreement between you and Julianna Francesca and govern your use of the Products and Services, superseding any prior agreements between you and BOM (including, but not limited to, any prior versions of the Terms of Service and Use).
If BOM chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and BOM don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We claim intellectual property rights over the materials, products, and services provide on this site and through Julianna Francesca.
All personal information you save or share with BOM remains yours. You can remove your information from BOM at any time by requesting to do so via this email: email@example.com.
By downloading, copying, or receiving any content, products, or materials, you agree: (a) to respect the intellectual property of BOM; (b) to not redistribute or share any part with anyone or any other business; and (c) to no repurpose and use any part, at any time, for-profit, personal and professional gains, or serve as a competitor to BOM.
You retain ownership over all Materials that you create per the advice, teachings, and guides of BOM provided it is not in direct competition with BOM.
BOM shall have the exclusive right and license to use the names, trademarks, service marks, logos, processes, and content associated with this site and with Julianna Francesca LLC.
Anything you download remains ours and you may not steal it or plagiarize it. This is your responsibility. You may not use any of the content on this site or from us to compete directly with us within the Marketing Industry.
8. Termination of Use
You may terminate your use of BOM’s site at any time and are solely responsible for carrying out that termination by leaving our web pages. BOM is not responsible for preventing you from using this site in this case.
Upon termination of the Services by either party for any reason: BOM will cease providing you with the Products and Services; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro-rata or otherwise; and any outstanding balance owed to BOM for your use of the Products and Services through the effective date of such termination will immediately become due and payable in full.
We reserve the right to modify or terminate the BOM Service, the Terms of Service and Use for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service and Use shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Without limiting any other remedies, BOM may suspend or terminate your use of our products and services if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
9. Modifications to the Service and Prices
Prices for using the Products and Services are subject to change and BOM is not required to provide notice of such changes. BOM reserves the right at any time, and from time to time, to modify or discontinue, the Products and Services (or any part thereof) with or without notice (unless otherwise required by applicable law). BOM shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Products and Services.
We may change or discontinue the service at any time, without liability.
10. Third-Party Services
BOM may from time to time recommend, provide you with access to, or enable third-party contractors, services, software, applications (“Apps”), products, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and your purchase, access, or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service and Use, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-Party Providers.
Any use by you of Third Party Services offered through BOM is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, BOM may receive a revenue share from Third Party Providers that BOM recommends to you or that you otherwise engage through your use of BOM’s content, product, services, and website.
We do not provide any warranties or make representations to you with respect to Third-Party Services. You acknowledge that BOM has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on BOM’s websites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with BOM. BOM does not guarantee the availability of Third Party Services and you acknowledge that BOM may disable access to any Third Party Services at any time in its sole discretion and without notice to you. BOM is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. BOM strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and BOM is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall BOM be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if BOM has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, contractors, BOM partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third-party services so use them at your own risk. If you use Third Party Services you learned of through BOM, you do so at your own discretion, risk, and ownership, entirely. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
11. Feedback and Reviews
BOM welcomes any ideas and/or suggestions regarding improvements or additions to the Content, Products, and Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Content, Products, and Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to BOM be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to BOM (whether submitted directly to BOM or posted on any BOM hosted forum or page), you waive any and all rights in the Feedback and that BOM is free to implement and use the Feedback if desired, as provided by you or as modified by BOM, without obtaining permission or license from you or from any third party. Any reviews of BOM site, people, and content or of a Third Party Service or Third-Party Provider that you submit to BOM must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. BOM reserves the right (but not the obligation) to remove or edit Feedback of all kinds on this site and about the contents and people associated with this site. BOM is not obligated to regularly check Feedback.
12. Rights of Third Parties
Save for BOM and its affiliates, BOM Users or anyone accessing BOM Products and Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Only BOM, BOM Users, and persons accessing BOM Services have any rights under these Terms of Service.
13. Privacy and Data Protection
The Business of Marketing, owned by Julianna Francesca, LLC
7785 Solitude Court
McLean, VA 22102
United States of America