Primagery’s Terms of Service

Last updated April 4th, 2023

AGREEMENT TO OUR TERMS AND SERVICES

Welcome to Primagery! We are a marketing company that offers a platform and services for your business needs. By accessing our website http://www.primagery.com (the "Site"), as well as any other related products and services that refer or link to our terms and services (collectively, the "Services"), you are agreeing to comply with and be bound by the terms and conditions outlined below.

Please read these terms carefully as they govern your use of our Services. If you do not agree with any part of these terms and conditions, you must immediately discontinue use of our Services. These terms and services are not a legal agreement, but rather an agreement between you and Primagery LLC that outlines the expectations and guidelines for using our Services.

We require that all users of our Services be at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By accessing or using our Services, you represent and warrant that you are at least 18 years old or of the legal age of majority in your jurisdiction. If we become aware that you are under 18 years old or under the age of majority in your jurisdiction, we may terminate your account and/or access to our Services.

We may modify or update these terms and services from time to time without prior notice, and it is your responsibility to review these terms periodically to ensure your continued compliance with them. By using our Services after any modifications or updates, you acknowledge your acceptance of the changes.

If you have any questions or concerns about our terms and services, please contact us at (417)  473-2289 or email us at [email protected].

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PURCHASES AND PAYMENT

6. FREE TRIAL

7. CANCELLATION

8. PROHIBITED ACTIVITIES

9. USER-GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. COOKIE COLLECTION AND TRACKING

14. THIRD-PARTY WEBSITES AND CONTENT

15. SERVICES MANAGEMENT

16. PRIVACY POLICY

17. TERM AND TERMINATION

18. MODIFICATIONS AND INTERRUPTIONS

19. GOVERNING LAW

20. DISPUTE RESOLUTION

21. CORRECTIONS

22. DISCLAIMER

23. LIMITATIONS OF LIABILITY

24. INDEMNIFICATION

25. USER DATA

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

27. CALIFORNIA USERS AND RESIDENTS

28. MISCELLANEOUS

29. CONTACT US

1.OUR SERVICES

We offer a range of marketing services, including content creation, copywriting, software as a service (SaaS), and other related services (collectively referred to as the "Services").

Our Services are designed to help you or your business improve your marketing efforts. We provide customized solutions to help you achieve your marketing goals, which may include, but are not limited to, content creation, copywriting, social media management, and other related services.

We strive to provide high-quality Services and continuously improve our offerings. However, please note that the results of our Services may vary based on several factors, such as your industry, target audience, and competition.

We are committed to providing exceptional customer support and ensuring that you are satisfied with our Services. If you have any questions or concerns about our Services, please do not hesitate to contact us.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including but not limited to the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property rights of others, and we expect you to do the same. All content and materials available on the Services, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of Primagery or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized by Primagery.

In using our Services, you acknowledge that the white label service we use, GoHighLevel, is the sole owner of its intellectual property rights, and you agree to abide by all of its terms of service (Found Here). Any unauthorized use or reproduction of High Levels intellectual property is strictly prohibited.

If you believe that any content or materials available on the Services infringe your intellectual property rights, please contact us immediately so that we can investigate the issue and take appropriate action.

3. USER REPRESENTATIONS

Users represent and warrant that: 

(1) they have full right and authority to enter into and perform their obligations under this Agreement; 

(2) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; 

(3) they will not use the Services for any illegal or unauthorized purpose; 

(4) they will not use the Services to misrepresent their identity or to impersonate any person or entity; 

(5) they will comply with all local laws regarding online conduct and acceptable content; and 

(6) they will not use the Services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

Users agree not to copy, reproduce, reverse engineer, modify, distribute, transfer, or create derivative works from the Services or any portion thereof, except as expressly authorized by Primagery.

4. USER REGISTRATION

To access our services, you may need to register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure that it remains accurate, current, and complete. You are responsible for safeguarding your account information and for any activity that occurs under your account, whether or not authorized by you. You must immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to refuse registration of, or cancel, accounts that we deem inappropriate or offensive.

By providing your contact information and completing the form, you agree to receive emails, text messages, and phone calls from Primagery for the purposes of marketing and communication. You understand that standard text message and data rates may apply. You also acknowledge that you have read and agree to our Privacy Policy, which outlines how we collect, use, and protect your personal information. If at any time you wish to stop receiving communications from us, you can unsubscribe using the link provided in our emails or by contacting us directly.

5. PURCHASES AND PAYMENTS

We offer our Services through the purchase of subscriptions or one-time purchases. Payment for our Services is facilitated by Stripe, our payment processor. By purchasing a subscription or making a one-time purchase, you agree to pay the fees and any applicable taxes associated with your selected subscription or purchase.

Please note that all purchases and subscription payments are final, and refunds will not be provided. Prices for our Services may be subject to change at any time at our discretion. In the event of a price increase, we will provide notice to our users prior to the change taking effect.

We may also offer promotional pricing, discounts, or coupons at our discretion. It is your responsibility to ensure that all billing information provided to us is accurate and up-to-date. We reserve the right to refuse any order or payment and may cancel or suspend any account or subscription at any time.

6. FREE TRIAL

Primagery may, at its discretion, offer a free trial of our Services for a period of 15 or 30 days. If you sign up for a free trial, you will be required to provide payment information, which will be collected and processed by our third-party payment processor, Stripe. By providing your payment information, you authorize Primagery and Stripe to charge your account for the applicable subscription fee, plus any applicable taxes, at the end of the free trial period, unless you cancel your subscription before the end of the free trial period.Please note that only first-time users are eligible for a free trial, and Primagery reserves the right to limit or revoke free trial offers at any time without prior notice or liability. If you do not wish to continue using our Services after the free trial period, you must cancel your subscription before the end of the free trial period to avoid being charged.

By signing up for a free trial, you agree to be bound by these Terms of Service, as well as our Privacy Policy and any other applicable policies or agreements. Any use of our Services beyond the free trial period will be subject to our standard subscription fees and payment terms.

7. CANCELLATION

Cancellation of your account is easy, and you can do so at any time. If you wish to cancel your account, please notify us by sending an email to our customer support team. Your cancellation will take effect immediately, and you will no longer be charged any further fees or payments associated with your account.

Please note that if you cancel your account, you will lose access to all services, content, and data associated with your account. We will not be responsible for any loss of data or content that occurs as a result of your cancellation.

If you cancel your account before the end of the current billing period, your account will remain active until the end of that billing period, and you will not be charged for any future periods. However, please note that we do not offer refunds for any unused portions of your billing period.

We reserve the right to suspend or terminate your account at any time and without prior notice, in our sole discretion, for any reason, including but not limited to a breach of these terms of service.

8. PROHIBITED ACTIVITIES

We want to ensure that all users of our services have a positive and safe experience. As such, we have established a list of activities that are strictly prohibited. These activities include, but are not limited to:

Using our services for any illegal activities, including but not limited to:

- fraud, money laundering, and illegal gambling.

- Harassing, threatening, or intimidating other users or individuals.

- Posting or distributing any content that is obscene, pornographic, or offensive.

- Engaging in any activity that could harm our services, servers, or infrastructure.

- Attempting to gain unauthorized access to any part of our services or systems.

- Using our services to impersonate another individual or entity.

Engaging in any activity that violates the intellectual property rights of any third party.

We reserve the right to investigate and take action against any user who engages in any of these prohibited activities. If we determine that you have violated these terms, we may terminate your account and take any other legal or equitable action as necessary.

9. USER GENERATED CONTRIBUTIONS

We welcome and encourage you to share your ideas, feedback, and suggestions with us. However, any content you contribute to our Services, including comments, feedback, suggestions, or any other materials (collectively "User Generated Content"), will be considered non-confidential and non-proprietary. By contributing User Generated Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media.

You represent and warrant that you have the necessary rights to contribute to the User Generated Content and that it does not violate any intellectual property rights, privacy rights, or any other rights of any third party. We reserve the right to remove any User Generated Content at any time, without notice, and for any reason. We do not endorse or guarantee the accuracy, completeness, or usefulness of any User Generated Content and we shall not be responsible or liable for any User Generated Content posted by you or any other user of our Services.

10. CONTRIBUTION LICENSE

By contributing content or materials to our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, modify, and reproduce such contributions in connection with our Services. You retain all ownership and rights to your contributions, and this license does not affect those rights. Additionally, you warrant that you have the right to grant us this license and that your contributions do not infringe upon any third-party rights, including but not limited to copyright, trademark, and privacy rights.

11. GUIDELINES FOR REVIEWS

We value your feedback and appreciate your honest reviews about our services. However, we ask that you follow these guidelines when submitting a review:

- Be respectful: Please refrain from using offensive language, making personal attacks, or posting inappropriate content.

- Be honest: Your review should accurately reflect your experience with our services. Please do not provide misleading or false information.

- Be relevant: Your review should be relevant to the services we provide. Please do not include content unrelated to our services.

- Be authentic: Your review should be written by you and not someone else. Please do not impersonate others or use fake identities.

We reserve the right to remove any reviews that violate these guidelines or for any other reason at our sole discretion.

12. SOCIAL MEDIA

At our company, we value our clients' privacy and understand the importance of social media. We encourage our users to engage with us on social media platforms such as Facebook, Twitter, and LinkedIn. We also allow our users to share our content on these platforms, provided that they abide by the terms and conditions of those platforms. Our team monitors social media activity related to our company and reserves the right to remove any content that is offensive or inappropriate. Additionally, we do not endorse or assume any responsibility for the content of third-party social media platforms.

13. COOKIE COLLECTION AND TRACKING

We may use cookies and other tracking technologies to collect information about your usage of our Services. Cookies are small data files that are placed on your device when you visit our website or use our Services. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your device until they expire or you delete them. These cookies may be used for a variety of purposes, such as remembering your preferences, allowing you to navigate between pages more efficiently, and improving your overall experience with our Services.

By using our Services, you consent to our use of cookies and other tracking technologies as described in this section. If you do not wish to have cookies placed on your device, you may disable cookies in your browser settings. However, please note that disabling cookies may affect your ability to use certain features of our Services.

14. THIRD-PARTY WEBSITES AND CONTENT

We may provide links to our social media pages or other third-party social media platforms. By interacting with us on social media, you agree to comply with the terms and policies of those platforms. We reserve the right to remove any content that violates these terms or is deemed inappropriate. We encourage open and respectful communication on our social media pages, but we reserve the right to delete any comments or posts that are offensive, spammy, or irrelevant to our business. We do not endorse the views expressed by our followers or other users on our social media pages, and we disclaim any liability for such content.

15. SERVICES MANAGEMENT

We reserve the right to modify, suspend, or terminate our services at any time, without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of our services without notice or liability. You acknowledge and agree that we shall not be liable for any modification, suspension, or termination of our services or any part thereof. We also reserve the right to remove any user-generated content or contributions for any reason, without notice or liability.

We reserve the right to outsource some or all of our services to third-party individuals or companies. Any outsourced services will be subject to the same standards and terms outlined in these Terms and Conditions. We will take reasonable steps to ensure that any third-party service providers are bound by appropriate confidentiality and privacy obligations. We will make every effort to ensure that any third-party services we utilize meet the same level of quality and security as our own services. However, we are not responsible for any actions or services provided by third-party individuals or companies.

16. PRIVACY POLICY

We take your privacy seriously and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, and store your information.

Collection of Information

We collect information from you when you visit our website, fill out a form, or interact with our services in any other way. The information we collect may include your name, email address, phone number, mailing address, and other details that you provide.

Use of Information

We use the information we collect to provide and improve our services, personalize your experience, send you periodic emails, and process transactions.

Sharing of Information

We do not sell, trade, or transfer your personal information to outside parties. We may, however, share your information with trusted third parties who assist us in providing our services or operating our website, as long as those parties agree to keep this information confidential.

Security of Information

We take reasonable measures to protect your personal information from unauthorized access, use, disclosure, or destruction. However, no method of transmission over the internet, or method of electronic storage, is 100% secure.

Cookies

We may use cookies to improve your experience on our website. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.

Changes to this Privacy Policy

We reserve the right to update or change this Privacy Policy at any time. Any changes will be reflected on this page.

By using our website and services, you consent to our Privacy Policy. If you have any questions about this policy, please contact us at 417-473-2289 or email us at [email protected] 

Along with these terms, you can find the full Privacy Policy at http://primagery.com/privacy

17. TERMS AND TERMINATION

These terms of service will remain in full force and effect while you use our services. We reserve the right to terminate these terms of service, or suspend access to our services, at any time and without notice, for any reason, including your breach of these terms of service. Upon termination, your right to access and use our services will immediately cease.

We reserve the right to modify these Terms of Service at any time, with or without notice to you. It is your responsibility to review these Terms of Service periodically for any changes. By continuing to access or use our Services after we have made changes to these Terms of Service, you agree to be bound by the revised Terms.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of our services at any time or for any reason at our discretion without notice. We also reserve the right to modify or discontinue all or part of our services without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our services.

19. GOVERNING LAW

This Agreement and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which the service provider is located, without giving effect to its conflict of laws provisions.

20. DISPUTE RESOLUTION

In the event of any dispute arising out of or relating to this Agreement or the Services, the parties shall first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiation, the parties agree to submit the dispute to mediation before pursuing any other legal or equitable remedy. If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration award shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

21. CORRECTIONS

While we make every effort to ensure that the information on our website and in our software is accurate, we reserve the right to correct any errors, inaccuracies, or omissions at any time and without prior notice. We do not guarantee that any errors, inaccuracies, or omissions will be corrected.

22. DISCLAIMER

Our website and software are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website or software or the information, content, materials, or products included on our website or software. You expressly agree that your use of our website and software is at your sole risk.

We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website or software, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our website or software, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

23. LIMITATIONS OF LIABILITY

We strive to provide you with a great service and we take your experience seriously. However, we cannot guarantee that our service will be error-free or uninterrupted, so we will not be held liable for any damages or losses arising from the use of our service. In the unlikely event that you do suffer damages or losses as a result of our service, our liability will be limited to the amount you paid us for that service. We also cannot be held liable for any damages or losses arising from your use of third-party services that we may integrate with.

24. INDEMNIFICATION 

You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of our service, your violation of these terms, or your violation of any third-party rights. You agree to pay any costs, damages, or fees awarded against us in any legal proceedings brought as a result of your actions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

25. USER DATA

We take the privacy and security of your personal information seriously. We collect and store certain user data, including but not limited to your name, email address, and payment information. We use this data to provide you with our services and to improve our products. We do not share your information with third parties, except as necessary to provide our services or as required by law. We take reasonable measures to protect your data from unauthorized access, use, or disclosure.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

We conduct business with our users through electronic means, including email and our online platform. By using our services, you agree to receive electronic communications from us. You also agree that all transactions completed through our platform, including the acceptance of these terms and any other agreements, are conducted electronically and are legally binding. By using our services, you also agree to electronic signatures and records, and waive any rights or requirements under any laws or regulations that require a written signature or record.

27. CALIFORNIA USERS AND RESIDENTS

If you're a California user or resident, there are a few things you should know. For example, you have the right to request certain information about how your personal information is shared with third parties. You also have the right to opt-out of certain types of data sharing. If you have any questions or concerns about how we handle your data, please don't hesitate to contact us.

28. MISCELLANEOUS

There are a few miscellaneous things we need to cover. For one, these Terms of Service constitute the entire agreement between you and us, and supersedes any prior agreements or understandings. We also reserve the right to assign these Terms of Service to any third party, in whole or in part. If any provision of these Terms of Service is deemed invalid or unenforceable, the remaining provisions will still be in effect.

29. CONTACT US

If you have any questions or concerns about these Terms of Service or our service in general, please feel free to contact us. You can reach us by email; [email protected] or by phone: (417) 473-2289 and we'll do our best to get back to you as soon as possible. We value your feedback and are committed to providing excellent customer service.