Terms And Conditions
Welcome to our website.
Please review these terms and conditions carefully.
If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Terms and Conditions agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of SN Marketing ([email address: sehrab@snmarketinginc.com]) (the “Website” or “Site”) and describe the terms and conditions applicable to your access of and use of the Website.
This Agreement may be modified at anytime by SN Marketing upon posting of the modified Agreement.
Any such modifications shall be effective immediately.
You can view the most recent version of these terms at any time at the Website.
Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
1.1 Subscription Terms.
Your initial subscription period will be specified in Your Agreement, and, unless otherwise specified in Your Agreement, it will automatically renew. To prevent renewal of Your subscription, You must provide notice of non-renewal within the timeframe provided in the Agreement. Your subscription is continuous and until You provide notice of non-renewal or SN Marketing stops providing the services to you consistent with these terms, SN Marketing is authorized to charge your payment method on file for Your subscription (plus any applicable taxes).
1.2 Fees and Payment.
1.2 : The fees for the SN Marketing Service and any additional Professional Services (“Fees”) are set forth in the Agreement and are payable in advance, irrevocable and non-refundable except as set forth in the Agreement and these Terms. The current pricing available on Our website on the date of renewal will apply to Your renewal subscription period. You are liable for all Fees You owe us under any Subscription Agreement. You acknowledge that failure to pay any Fees due under any account You have with us, or amounts under accounts associated with SN Marketing Payments or another payment processor, is a breach of these Terms, and in such event You acknowledge we have the right to terminate your account or suspend access to the SN Marketing Service or Professional Services associated with any account we have with You or which is under Your control. You agree to provide SN Marketing with complete and accurate billing and contact information for Yourself and Your organization, as applicable, and update such information as necessary. Where payment by credit card is indicated in the Agreement, or You otherwise provide SN Marketing with credit card information, You represent that You are authorized to use the credit card that You enter and You authorize SN Marketing (or our third party payment processor) to retain Your payment information and to use the stored payment method and information to charge such credit card (a) at the time that You order the SN Marketing Service or other Professional Services set forth in the Agreement, (b) for any billing frequency otherwise established in the Subscription Agreement, and (c) at the time of any renewal, for the amount of fees owing plus any applicable sales taxes for any renewed Subscription Term. Those credit card payments will be subject to any additional terms presented to you by our third-party credit card payment processor, which will be the merchant of record for that transaction. You acknowledge that the amount billed may vary due to usage levels for services such as promotional offers, changes to Your subscription or changes in applicable taxes or other charges, and You authorize Us (or our third party payment processor) to charge Your payment method for the corresponding amount. SN Marketing reserves the right to verify credit/debit card payments prior to acceptance of Your Order. We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments in order to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing. If SN Marketing, in its discretion, permits You to make payment using a method other than a credit card, SN Marketing will invoice You at the time of the initial Agreement and thereafter on a monthly basis with regard to the relevant billing period. SN Marketing reserves the right to revoke permission to use an alternate payment method at any time for any reason. We can set off any obligation You owe us, to the extent permitted by law, against any credit in any account we have with You or under Your control, and You will be liable for the costs we incur to pursue collections against You in order to collect any outstanding Fees, including without limitation attorneys’ and collection agency fees and expenses.
1.3 Notice of Non-Renewal.
You may prevent the renewal of the Subscription Term to an SN Marketing Service by texting (780) 974-1920 or emailing us at sehrab@snmarketinginc.com at least fifteen (15) days prior to the end of the duration agreed upon in the Agreement. We reserve the right to issue refunds at our discretion.
2. Privacy.
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy on the Website.
3. Ownership.
All content included on this site is and shall continue to be the property of SN Marketing or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement.
Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Intended Audience.
All content included on this site is and shall continue to be the property of SN Marketing or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement.
Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
5. Trademarks.
The name SN Marketing logos, domain names, service marks, and any other distinctive brand features are either trademarks or registered trademarks of SN Marketing.
Other product and company names mentioned on this Website may be trademarks of their respective owners.
6. Site Use.
SN Marketing grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law.
The use of the Website is at the discretion of SN Marketing, and SN Marketing may terminate your use of the Website at any time.
You must establish a profile to use many features on SN Marketing and may be required to enter information such as a username and password, name, phone number, and email address.
You (“User”) are fully responsible for maintaining the confidentiality of the username and password, and for all activities that occur under that username.
All users agree to: (a) immediately notify SN Marketing of any unauthorized use of their username or password or any other breach of security.
SN Marketing cannot and will not be liable for any loss or damage arising from failure to comply with this Agreement.
7. Endorsement & Third-Party Sites.
The site may contain hyperlinks to other Internet sites and services, not under the editorial control of SN Marketing. These hyperlinks are not expressed or implied endorsements or approvals by SN Marketing of any products, services, or information available from these third-party sites.
All content from these links or sites is the sole responsibility of those third parties, and SN Marketing is not responsible for the accuracy or details of those third-party sites.
Any information published by SN Marketing pertaining to these sites or services is believed to be accurate at the time of publication but should be verified independent of this Website.
SN Marketing may receive a fee and/or other compensation on some clicks or purchases made on or linked through this website, through an arrangement it has with a third party if you (i) click on certain links on our site, emails, or newsletters or (ii) purchase a product or service after clicking a link.
SN Marketing does not directly sell or license any of the products related to the third-party websites or links, and SN Marketing disclaims any responsibility for or liability related to them.
SN Marketing does not supervise contact between Users and third parties. Information you share with third-party websites should be limited consistent with our Privacy Policy, and SN Marketing is not responsible for financial or payment details based on any activity between the User and a third party.
8. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Website. You further agree that the information provided by you is truthful and accurate to the best of your knowledge.
Users agree not to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; (e) upload, post or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (g) upload, post or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Website or servers or networks connected to the Website.
SN Marketing reserves the right to suspend or delete your account if you fail to comply with any of the provisions of this Agreement.
9. Indemnification.
You agree to indemnify, defend and hold SN Marketing and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
10. Disclaimer.
The information on this site is provided on an "as is," "as available" basis. You agree that the use of this site is at your sole risk.
SN Marketing disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using this site.
Client can approve SN Marketing's initial work, however if client doesn't approve it within 7 business days and does not respond to SN Marketing, then SN Marketing reserves the right to consider the project to be completed successfully and will therefore take payment of finished project.
11. Limitation of Liability.
Under no circumstances will SN Marketing be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplar, punitive, or other damages under any legal theory, arising out of or in any way relating to this site, your site use, or the content, even if advised of the possibility of such damages. For dissatisfaction with this site and/or content, cease all of your site use.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Use of Information.
SN Marketing reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information via email to sehrab@snmarketinginc.com
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. Applicable Law.
You agree that the laws of Canada, without regard to conflicts of laws provisions, will govern these Terms and Conditions and any dispute that may arise between you and SN Marketing or its affiliates. You also agree that the courts of Canada will have sole and exclusive jurisdiction to hear or determine any dispute or controversy arising under or concerning this Agreement.
15. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver.
The failure of SN Marketing to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Any waiver of this Agreement by SN Marketing must be in writing and signed by an authorized representative of SN Marketing.
17. Termination.
SN Marketing may terminate this Agreement at any time, with notice, for any reason, at least fifteen (15) days prior to the end of the duration agreed upon in the Agreement.
18. Relationship of the Parties.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.
Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Entire Agreement.
These Terms and Conditions may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.
SN Marketing may revise these Terms and Conditions at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions periodically to determine if any changes have been made.
Your continued use of the Website after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions.
20. Refund Policy.
All sales are final, and SN Marketing does not offer any refunds you recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances unless specified in the Agreement.
21.1. Client Data Accuracy and Compliance - Client Responsibilities.
21.1.1. The client represents and warrants that they have all necessary rights, permissions, and consents to provide SN Marketing with any customer data, including but not limited to names, phone numbers, and email addresses ("Customer Data") for the purpose of sending automated email and text message campaigns using GoHighLevel, Twilio, Mailgun, or other similar services.
21.1.2. The client shall ensure that the Customer Data provided to SN Marketing has been lawfully obtained and that the customers included in the Customer Data have explicitly opted-in to receive marketing communications in accordance with all applicable laws, regulations, and industry best practices, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and the General Data Protection Regulation (GDPR).
21.1.3. The client shall indemnify, defend, and hold harmless SN Marketing and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the client's provision of Customer Data to SN Marketing, including but not limited to any alleged or actual violations of applicable laws, regulations, or industry best practices.
21.2. Client Data Accuracy and Compliance - Cooperation and Assistance.
21.2.1. SN Marketing shall not be liable for any issues, legal matters, or damages arising from the client's provision of inaccurate, incomplete, or non-compliant Customer Data. This includes, but is not limited to, any claims, fines, penalties, or other consequences resulting from the sending of unsolicited or non-compliant email and text message campaigns using the Customer Data provided by the client.
21.2.2. In the event that SN Marketing becomes aware of any potential or actual non-compliance with applicable laws, regulations, or industry best practices relating to the Customer Data provided by the client, SN Marketing reserves the right to suspend or terminate the client's access to and use of SN Marketing's services without prior notice and without any liability to the client.
21.2.3. SN Marketing shall not be responsible for verifying the accuracy, completeness, or compliance of the Customer Data provided by the client. The client acknowledges and agrees that it is solely responsible for ensuring that the Customer Data complies with all applicable laws, regulations, and industry best practices.
21.3. Client Data Accuracy and Compliance - Notification of Changes.
21.3.1. The client shall promptly notify SN Marketing of any changes or updates to the Customer Data that may affect its accuracy, completeness, or compliance with applicable laws, regulations, or industry best practices. The client shall be solely responsible for any issues, legal matters, or damages arising from its failure to timely notify SN Marketing of any such changes or updates.