Terms of Use

Last updated: September 23, 2023

BANFA Marketing (“us”, “we”, or “our”) operates www.banfamarketing.com (the “Site”). These Terms of Use (“Terms”) govern your access to and use of the services, including any content, functionality, products, and services offered on or through our website and mobile application (the “Service”) provided by our team.

Our Services:

We provide digital marketing services including but not limited to various services to help businesses improve their online presence and reach more customers. Our services encompass search engine optimization, managing and optimizing online listings, implementing performance tracking, earning positive reviews, optimizing website content, and conducting technical website audits.

Modifications to Terms

We reserve the right to modify these Terms at any time. Updated versions of the Terms will be posted on the Service. You are advised to regularly check the Terms for any modifications. Your continued use of the Service signifies your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately stop using the Service.

Account Registration

You may browse the Service without registering for an account. However, to access certain features or services you must register for an account. When you register for an account, you agree to provide accurate and complete information and to update your information to keep it accurate and complete. You are solely responsible for the activity that occurs under your account.

You must protect your account credentials and notify us immediately of any unauthorized use or breach of your account. We will not be liable for any loss or damage from your failure to protect your login credentials.

Fees

We will provide you with our fee schedule for various services. All fees are payable in advance unless otherwise agreed to in writing. We reserve the right to modify our fees upon reasonable notice posted on the Service or provided directly to you. Your continued use of the Service after fee changes are posted constitutes your acceptance of the modified fees. Non-payment of fees may result in suspension or termination of your access to the Service.

You are responsible for any taxes that may apply to your use of the Service. We may charge sales tax, value added tax (VAT) or other taxes depending on your location.

Term and Termination

These Terms remain effective until terminated. You may terminate your access to the Service at any time.

We may terminate your account and access to the Service at any time for any reason. Reasons may include but are not limited to prolonged inactivity, violations of Terms, requests by law enforcement or other government agencies, discontinuance of the Service, nonpayment, or other reasons.

We may also suspend your access immediately to investigate suspected violations of these Terms. Following termination or suspension, we may retain your information and content for a commercially reasonable time for backup, archival, audit, or investigation purposes. You will not have access to the Service during periods of suspension or after termination.

Intellectual Property

All content on the Service, including but not limited to text, graphics, logos, images, software, and services (“Content”), is the property of Company or its licensors and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

You may view and access Content on the Service. However, you may not copy, download, modify, distribute, sell, transfer, license or otherwise exploit any Content without express written permission from us or the applicable copyright owner. Using the Service does not give you ownership of any intellectual property rights in the Service or Content.

Feedback

We appreciate feedback, comments and suggestions for improvements to the Service (“Feedback”). You grant us the right to use Feedback for any purpose without restriction or compensation to you.

Content Monitoring

We reserve the right but do not have an obligation to monitor, screen or otherwise control Content or your activities on the Service. We may remove Content and suspend or ban your access to the Service if we believe you violated these Terms, applicable laws, or for any other reason without notice to you.

Disclaimers

Your use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that (i) the Service will meet your requirements; (ii) the Service will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) the results that may be obtained from use of the Service will be accurate or reliable.

You assume total responsibility and risk for your use of the Service and your reliance thereon. No oral or written information or advice given by us shall create a warranty or guarantee.

Limitation of Liability

We will not be liable to you or any third party for consequential, indirect, incidental, special, punitive or exemplary damages arising out of or relating to your access or inability to access the Service, including for viruses alleged to have been obtained from the Service.

Our total cumulative liability arising out of or relating to these Terms and the Service, in the aggregate from all causes of action and all theories of liability, will be limited to the net fees paid by you to us over the twelve (12) month period immediately preceding the claim giving rise to such liability.

Indemnification

You agree to fully indemnify, defend and hold us and our officers, directors, employees and agents harmless from and against all claims, actions, suits, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) which arise from or relate to (i) your use or misuse of the Service, (ii) your violation of these Terms or any applicable law, or (iii) your violation of any third party rights including intellectual property rights. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification. You shall not settle any matter without our written consent. This indemnification obligation will survive the Terms and your use of the Service.

Governing Law

These Terms and your access to and use of the Service will be governed by and construed in accordance with the laws of Wisconsin without regard to conflict of law principles. Any dispute arising out of or relating to the Service or Terms must be brought in the state or federal courts and you consent to personal jurisdiction in such courts.

Severability

If any provision of these Terms is deemed unlawful, invalid or unenforceable, it shall be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions.

Integration

These Terms constitute the entire agreement between you and us relating to the subject matter herein.

Waivers

No failure to exercise or enforce any right or provision under these Terms will act as a waiver of such right or provision. No waiver under these Terms is effective unless made in writing and signed by an authorized representative of the waiving party.

Contact Us

If you have any questions about these Terms, please contact us at:

[email protected]