TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Marketing Madness (defined below), which governs your use of Products (defined below) obtained by purchase through this website at photogMarketing Madness.com, or any related domains or subdomains (the “Sites”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to The Brenke Group, LLC, doing business as TheLawTog (“TheLawTog”) and Marketing Madness (“Marketing Madness”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, worksheets, communications, audio files, audio workshops, and any other related items for paid purchase or for which you supply personal information, including free downloaded material or other information available through the Sites, obtained from Marketing Madness.  All such Products are the intellectual property of and are owned by Marketing Madness.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Marketing Madness’s Products immediately.

Understand that by using these Sites, any Products, services or applications for which you tender payment, you agree that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

 

 

WHAT WE DO

Marketing Madness is a resource through which you may obtain general business advice, education and materials through an online downloading service, workshops and one-on-one sessions for individuals who choose to access and prepare business documents and materials on their own.  Specifically, the Sites, services, and Products help you identify business problems and issues commonly encountered in the photography industry.  Services, Products and any other information available through the Sites do not constitute legal advice.  While Marketing Madness acknowledges there are legal aspects to starting and maintaining a business, Marketing Madness is not a law firm and is not a substitute for an attorney or law firm.  Communications between you and Marketing Madness are protected by our privacy policy (see below), but are not protected by any legal privilege, including the attorney-client privilege or work product doctrine.  Marketing Madness cannot provide legal advice nor draft specific legal forms for a specific entity, individual or situation.  The  forms and templates obtained through Marketing Madness are for general business use.  Marketing Madness cannot provide any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, remedies, defenses, options, selection of forms or strategies.

 

Marketing Madness provides general documents we hope will be helpful to those of you who have chosen to complete your own business forms and related documents.  While Marketing Madness makes an effort to keep such documents current and updated, because the law is constantly changing and varies among jurisdictions which may affect business formation and maintenance requirements, Marketing Madness can in no way guarantee the effectiveness of its services, Products or any materials in any particular jurisdiction.  Although a specific document may be adequate in general circumstances, Marketing Madness cannot guarantee that it will be effective in every application or circumstance.  Please keep in mind that the general legal information provided on the Site and otherwise available through the Products is not legal advice and cannot be guaranteed to be correct or accurately updated.  Marketing Madness encourages you to seek legal advice for particular or more complex matters, including selection of business entity for formation purposes.  Accordingly, Marketing Madness strongly encourages you to consult with a licensed attorney in your area to ensure legal compliance related to your business formation and maintenance.

NO ATTORNEY-CLIENT RELATIONSHIP

Please keep in mind that nothing contained in the site or available through the Products, Materials and services of Marketing Madness is intended to form an attorney-client relationship. Your interaction with Marketing Madness in any capacity does not form such a relationship.  Marketing Madness’s performance of services related to those offered through the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in any particular circumstance.

PRIVACY POLICY

Marketing Madness permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, which is incorporated herein by reference.

Marketing Madness will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Marketing Madness will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  Marketing Madness is the sole manager of such information collected on the Sites.  Marketing Madness will use such information to respond to you as necessary.  You grant Marketing Madness a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Marketing Madness to help support the maintenance of the Sites.  Marketing Madness does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Marketing Madness from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Marketing Madness retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Sites; (b) within or on any Products; (c) any content made available to you pursuant to your use of Marketing Madness’s services; and (d) any other intellectual property rights afforded to Marketing Madness either through state or federal registration, or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Marketing Madness does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites or services, including but not limited to workshops, worksheets, or through one-on-one advice sessions.

You agree not to make unauthorized use of or otherwise infringe upon Marketing Madness’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Marketing Madness will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Marketing Madness grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use with respect to your photography clients or similar business use, which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;

(3) do not use the Products or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.

You are reminded that Marketing Madness will prosecute any unauthorized reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution, which is expressly outside of Permitted Use define herein, to the fullest extent of the law.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.  Marketing Madness is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Marketing Madness will not reimburse you for such downloads.

 

PAYMENTS

In the event that your form of payment is declined or otherwise fails, Marketing Madness will contact you via a courtesy email to inform you of such problem.  Marketing Madness will revoke your access to Products until such time as payment for amounts due is received. In the event of a default in the payment of the said installments, Marketing Madness, without notice or demand, may declare the entire balance then unpaid immediately due and payable.

If a payment failure is not resolved within the time period determined by Marketing Madness, Marketing Madness reserves the right to decline your access to Products and may pursue whatever remedies may be appropriate, including submitting such amounts past due and balances remaining on the purchase payment plan to a collections agency of its choice.  

 

 CONTACT

By using the Sites and entering personal information, you give Marketing Madness permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Marketing Madness know by contacting us at here, and we will kindly refrain from doing so.

 

Q&A, COMMUNICATIONS AND PRIVATE COMMUNITY

All content questions must be submitted through the appropriate Q&A forms. These will not be answered in any other manner, including but not limited to: the private community, social media, private messaging, or email.   All technical and course related questions (non-content) may be submitted by email to info@thelawtog.com.  The Private Community access will be provided at the start of the course and you may remain in the community so long as the community rules, as outlined in the community, are adhered to.

RETURN/REFUND POLICY

All enrollments are final – no refunds will be provided.

 

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. THELAWTOG OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  MARKETING MADNESS MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, MARKETING MADNESS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THELAWTOG, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

 

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Manassas, Virginia.  Marketing Madness reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Marketing Madness’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

Rachel@thelawtog.com

www.facebook.com/rachelbrenke2

All rights reserved © Copyright. The Brenke Group, LLC.