Terms of Use

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Delaware, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ferrer Digital Agency LLC, Corporation Trust Center ( CT Corporation ), 1209 North Orange Street, Wilmington, Delaware 19801-1120.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Ferrer Digital Agency, accessible from https://www.famarketing.io/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User registration

You may be required to register with third-party services to use our Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, recover, or change the username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise questionable.

User representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of that information and promptly update that registration information as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services by automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion of them).

Electronic communications, transactions, and signatures

By visiting the Services, sending us emails, and filling out online forms, you are making electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or that payments or the granting of credits by any means other than electronic means.

User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform regular routine data backups, you are solely responsible for all data you transmit or that relate to any activity you have carried out using the Services. You agree that we will have no liability to you for any loss or corruption of such data and hereby waive any right of action against us arising from such loss or corruption of such data.

Data Protection

We will only be able to process personal data in accordance with the purposes determined by you and in compliance with GDPR, UK-GDPR, CCPA, PIPEDA, LGPD, and other applicable laws, observing the principles of personal data processing.

We guarantee that all individuals handling data within the organization are subject to a confidentiality agreement.

We declare that we have adopted and comply with best practices and laws related to personal data and privacy, especially the technical measures required by the aforementioned General Data Protection Laws.

We and you have a duty to ensure the security and proper handling of personal data, using information security techniques appropriate to the nature of the data processed and in compliance with current legislation and regulations.

We are committed to providing assistance and cooperation to you in dealing with data subjects whenever possible. However, direct assistance to data subjects is your responsibility.

If we become aware that a data subject has requested information directly from the company through this form, there is a deadline of 7 (seven) working days to notify you and for you to take appropriate action. If we do not detect such contact, we will not be liable for any resulting damages, as our role is limited to the data being processed.

You commit to providing clear and facilitated instructions to data subjects on how to exercise their rights, free of charge.

We commit to providing assistance and cooperation in cases of complaints, requests, investigations, and incidents related to personal data, to which we have access by virtue of the relationship between the parties, whenever possible.

We commit to cooperating with you in responding to incidents with the Data Protection Authority and data subjects, as required by law.

At the end of the processing of personal data, and at your request, we will delete, return, or anonymise the said data within a technically feasible timeframe. However, we may retain the data if necessary to fulfil a legal obligation or other legal basis provided for in the aforementioned laws. In this case, we will inform you of the personal data to be retained and the retention period.

We will make every effort to enable data subjects to exercise their rights. However, direct assistance to data subjects is your responsibility. We commit to providing assistance as requested by you, acting as a data processor.

We will immediately notify you of any data breaches or compromise of your database, as well as any security incidents that violate privacy and personal data protection laws, whether accidental or intentional.

The Parties will provide all necessary information requested by the other Party to demonstrate compliance with the law and will cooperate with audits scheduled by the other Party or by an auditor appointed for this contract, as well as audits conducted in accordance with the local laws of their respective countries.

In addition to stating that it adopts and complies with best practices and laws related to personal data and privacy, especially the technical measures required by law, we also commit to providing periodic training to your employees and increasing awareness of their legal obligations.

We may terminate the contract with you in the following cases:

Confidentiality of Information

We commit to not disclose confidential information of our clients, including activities, products, services, and/or processes, as well as technical data of digital marketing campaigns. We take responsibility to ensure that all individuals with access to this information are also committed to confidentiality.

Intellectual property rights

Our Intellectual Property

We own or hold all intellectual properties in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and other intellectual property laws and unfair competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in the Services "AS IS" for personal, non-commercial use or internal business use only.

Your Use of Our Services

Subject to compliance with these Legal Terms, including the 'Prohibited activities' section below, we grant you a non-exclusive, non-transferable, and revocable license to:

- access the Services; and

- download or print a copy of any part of the Content to which you have proper access.

- solely for your personal, non-commercial use or internal business use.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited in any commercial manner without our prior written consent.

If you wish to make any use of the Services, Content, or Marks that is not set out in this section or elsewhere in our Legal Terms, please submit your request to: ferreragency@protonmail.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensees of the Services, Content, or Marks and ensure that any copyright or ownership notice is displayed or is visible in the publication, reproduction, or display of our Content.

We reserve all rights not expressly granted to you in the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will be terminated immediately.

Your Contributions

Review this section and the 'Prohibited activities' section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when posting or sending any content through the Services.

Contributions: By directly submitting to us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Contributions"), you agree to assign to us all intellectual property rights in that Contribution. You agree that we will own that Contribution and have the right to use and disclose it unrestrictedly for any lawful purpose, commercial or non-commercial, without acknowledgement or compensation to you.

You are responsible for what you post or send: By sending us Contributions directly through any part of the Services:

you confirm that you have read and agreed to our 'Prohibited activities' and will not post, send, publish, upload, or transmit through the Services any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, intimidating to any person or group, sexually explicit, false, inaccurate, deceptive, or misleading.

- to the extent permitted by applicable law, you waive all moral rights in any Contribution;

- warrant that any Contribution is original or that you have the necessary rights and licenses to submit such Contributions and that you have full authority to grant us the rights mentioned above in relation to your Contributions; and

- warrant and represent that your Contributions do not constitute confidential information.

You are solely responsible for your Contributions and expressly agree to indemnify us for all losses we may suffer due to your breach of (a) this section, (b) the intellectual property rights of third parties, or (c) applicable law.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Prohibited activities

You may not access or use the Services for any purpose other than the one for which we provide the Services. The Services may not be used in connection with any commercial undertaking, except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

- Deceive, defraud, or mislead us and other users, especially in any attempt to obtain confidential account information, such as user passwords.

- Circumvent, disable, or otherwise interfere with the security features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained in them.

- Defame, disparage, or otherwise harm, in our opinion, us and/or the Services.

- Use any information obtained from the Services to harass, abuse, or harm another person.

- Misuse our support services or send false reports of abuse or misconduct.

- Use the Services in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorized framing or linking to the Services.

- Upload or transmit (or attempt to upload or transmit) viruses, Trojans, or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Services by any party or alters, impairs, disrupts, modifies, or interferes with the use, features, functions, operation, or maintenance of the Services.

- Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data collection and extraction tools, data mining, or similar robots.

- Remove the copyright notice or other property rights of any Content.

- Attempt to impersonate another user or person or use another user's username.

- Upload or transmit (or attempt to upload or transmit) any material that acts as a means of collecting or transmitting information, including, among other things, clear graphic exchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

- Interfere, disrupt, or create an excessive burden on the Services or on the networks or services connected to the Services.

- Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Services to you.

- Attempt to bypass any measures of the Services intended to prevent or restrict access to the Services or any part of the Services.

- Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.

- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software that makes up or is part of the Services.

- Except as a result of the standard use of the search engine or web browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

- Use a shopping agent to make purchases on the Services.

- Make any unauthorized use of the Services, including collecting user names and/or email addresses of users by electronic or other means for sending unsolicited emails or creating user accounts by automated means or under false pretenses.

- Use the Services as part of any effort to compete with us or use the Services and/or the Content for any revenue-generating undertaking or business.

- Sell or transfer your profile in any other way.

Contribution license

You agree that in connection with our Services, we may access, store, process, and use any information and personal data you provide, following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback about the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We make no claim of ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights or other property rights to your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions on the Services and expressly agree to release us from any liability and refrain from any legal action against us related to your Contributions.

User-generated contributions

The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including, among other things, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "Contributions"). Contributions may be visible to other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. By creating or making available any Contribution, you represent and warrant that:

- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe and do not and will not infringe the rights of ownership, including, among others, copyrights, patents, trademarks, trade secrets, or moral rights of third parties.

- You are the creator and owner of the Contributions or have the licenses, rights, consents, authorizations, and permissions necessary to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner provided by the Services and by these Legal Terms.

- You have the written consent, authorization, and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to enable the inclusion and use of your Contributions in any manner provided by the Services and by these Legal Terms.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation.

- Your Contributions are not obscene, indecent, lascivious, lewd, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).

- Your Contributions do not ridicule, mock, scorn, intimidate, or abuse anyone.

- Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to promote violence against a specific person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

- Your Contributions do not violate the privacy or publicity rights of any third party.

- Your Contributions do not violate any applicable law relating to child pornography or intended to protect the health or welfare of minors.

- Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.

- Your Contributions do not violate or are linked to material that violates any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the above violates these Legal Terms and may result, among other things, in the termination or suspension of your rights to use the Services.

Social Media

As part of the functionality of the Services, you can link your account to online accounts you have with third-party service providers (each account, a "Third-Party Account"), either: (1) by providing your Third-Party Account login information through the Services; or (2) by allowing us to access your Third-Party Account as permitted by the applicable terms and conditions governing the use of each Third-Party Account. You represent and warrant that you have the right to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without violating any of the applicable terms and conditions governing the use of the relevant Third-Party Account, and without obligating us to pay any fees or subjecting us to any use limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided and stored in your Third-Party Account ("Social Network Content") so that it is available in the Services through your account, including, without limitation, any friend lists, and (2) we may send and receive additional information from your Third-Party Account as you are notified when linking your account to the Third-Party Account. Depending on the Third-Party Accounts you choose and the privacy settings you have set in those Third-Party Accounts, personally identifiable information that you post on your Third-Party Accounts may be available in the Services through your account. Please note that if a Third-Party Account or the associated service becomes unavailable or our access to that Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available in the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, among other things, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access the email address book associated with your Third-Party Account and the contact list stored on your mobile device or tablet computer, solely for the purpose of identifying and informing you about those contacts who have also registered to use the Services. You can disable the connection between the Services and your Third-Party Accounts by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Accounts, except for the username and profile picture that become associated with your account.

Third-party sites and content

The Services may contain (or you may receive through the Site) links to other websites ("Third-Party Sites"), as well as articles, photographs, text, graphics, images, designs, music, audio, videos, information, applications, software, and other content or items owned or originated by third parties ("Third-Party Content"). These Third-Party Sites and Third-Party Content are not investigated, monitored, or verified by us for accuracy, suitability, or completeness, and we are not responsible for any Third-Party Sites accessed through the Services or any Third-Party Content posted, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in the Third-Party Sites or Third-Party Content. Inclusion, linking, or permission to use or install any Third-Party Site or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Sites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or associated with any applications you use or install from the Services. Any purchases you make through Third-Party Sites will be made through other websites and companies, and we are not responsible in any way for such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites, and you will hold us harmless for any damages caused by your purchase of those products or services. Furthermore, you will release us from any harm suffered

Service management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement; (3) in our sole discretion and without any limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Contributions or any part thereof; (4) in our sole discretion and without any limitation, take warning or responsibility, remove the Services, or otherwise disable all files and content that are excessive in size or that in any way overload our systems; and (5) otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Services.

Products or services

All products are subject to availability. We reserve the right to discontinue any product at any time, for any reason. Prices for all products are subject to change.

Purchases and payment

We accept the following forms of payment:

- Credit Card

- Bank Transfer

- Stripe

You agree to provide current and accurate purchase and account information for all purchases made through the Services. You agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required by us. We may change prices at any time. All payments will be in Dollars, Pounds Sterling or Euros.

You agree to pay all charges for the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for such amounts when you make your order. If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to be placed by dealers, resellers, or distributors.

The prices, deadlines, and payment methods related to the authorised services are specified in your service provision contract, as indicated in the Service Authorization signed by you. Details may also be described in emails exchanged between the parties.

The price of the contracted package cannot be reduced on the grounds that your product or service did not appear at the top of search engine results.

Credit card payments are processed by Stripe on the website https://stripe.com. The monthly fee is charged through automatic recurring billing based on the purchase date. To request the cancellation of recurring billing, the contracting party must inform the service provider of the interruption, pause, or cancellation of the services by phone or email with at least 48 hours' notice.

If the customer chooses to cancel before completing the minimum loyalty contract, they must pay a penalty corresponding to 50% of the remaining amount.

If you choose the one-time payment via bank transfer or PIX, you must immediately send the proof of credit via email for confirmation of receipt in the account provided to us for confirmation of receipt.

In case of the inability to make payment for any reason, the due date will not be changed.

The operation of the credit card subscription is as follows: the services are monthly and the charges are automatically made every month on the date of the registration you made. If the billing date is set for a day that does not exist in a particular month (for example, the 31st), the customer will be billed on the last day of that month.

Payment delays

If you fail to meet the financial obligations of this contract for a period exceeding 7 (seven) days after the due date, this contract will be automatically terminated, without any notification. Additionally, we may suspend the provision of the contracted services.

Possible expenses

If there is a need for incurred expenses, such expenses will be your responsibility to bear. We must present the amounts for approval, and the expenses will be charged in the following billing cycle after they are incurred.

Refund policy

Check our refund policy through the link.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all our respective employees, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorney's fees and reasonable expenses, made by any third party due to or arising from: (1) use of the Services; (2) violation of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of third-party rights, including, but not limited to, intellectual property rights; or (5) any ostensible harmful act against any other user of the Services with whom you have connected through the Services. Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or process subject to this indemnification when we become aware of it.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Applicable law

These Legal Terms are governed and construed in accordance with the laws of the United States, State of Delaware, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If your habitual residence is in the EU and you are a consumer, you will also have the protection afforded to you by the mandatory provisions of the law of your country of residence. We and you agree to submit to non-exclusive jurisdiction, meaning that you may file a claim to assert your consumer protection rights in relation to these Legal Terms in the United States.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Users and California residents

If any claim against us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Department of Consumer Affairs' Consumer Assistance Division in California by writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disputes Resolution

Dispute resolution

If you have a concern or dispute about the Service, you agree to first attempt to resolve the dispute informally.

Informal Negotiations

To expedite the resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by you or by us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon the submission of a written notice by one Party to the other Party.

Binding Arbitration

Any disputes arising from the relationship between the Parties under these Legal Terms shall be resolved by a single arbitrator to be chosen in accordance with the Arbitration Rules and Internal Regulations of the Delaware State Arbitration Tribunal in the United States, as in effect at the time of filing for arbitration, and the adoption of this clause constitutes acceptance. The language of the proceedings shall be English. The applicable substantive law shall be the law of the state of Delaware, United States.

Limitations

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.

Exceptions to Informal Negotiations and Binding Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes related to the protection, enforcement, or validity of any of the Parties' intellectual property rights; (b) any Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive measures. If it is determined that this provision is illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Privacy policy

We care about data privacy and security. Please review our privacy policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from another region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United States, then by your continued use of the Services, you will transfer your data to the United States, and you expressly consent to the transfer and processing of your data in the United States.

Miscellaneous

These Legal Terms and any policies or operational rules we post on the Services or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having been drafted by us. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of a signature by the parties hereto.

Modifications and interruptions

We reserve the right to change, modify, or remove the content of the Services at any time or for any reason, at our sole discretion, without prior notice. However, we have no obligation to update any information on our Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may have hardware, software, or other issues or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason, without prior notice to you. You agree that we have no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption of the Services. Nothing in these Legal Terms shall be interpreted as requiring us to maintain and support the Services or to provide any corrections, updates, or releases in connection with them.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: ferreragency@protonmail.com

By visiting this page on our website: https://www.famarketing.io/get-in-touch