1. Acceptance of Terms
By accessing and using the Adfenza website ("Site"), you accept and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Site. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Adfenza ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time without prior notice. Continued use of the Site after any such modifications constitutes acceptance of the revised Terms.
2. Description of Services
Adfenza provides performance marketing consulting and implementation services including, but not limited to, lifecycle architecture (email/SMS systems), direct response creative production, and algorithmic media buying optimization. The Site serves as an informational resource and client intake mechanism. The submission of an intake form does not constitute a binding agreement for services and does not create a client-agency relationship. Service agreements are executed separately and are subject to their own terms and conditions.
3. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof, is the exclusive property of Adfenza or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The Adfenza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Adfenza. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
4. User Conduct
You agree not to: (a) use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law; (b) attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site; (c) use any robot, spider, scraper, or other automated means to access the Site without our prior written permission; (d) introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful; (e) interfere with or disrupt the integrity or performance of the Site; (f) submit false or misleading information through the intake form; or (g) impersonate or attempt to impersonate Adfenza, an Adfenza employee, another user, or any other person or entity.
5. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADFENZA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING. ADFENZA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADFENZA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
7. Indemnification
You agree to defend, indemnify, and hold harmless Adfenza and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Site.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. 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.
For questions regarding this policy, contact us at adfenza.com/ping.