ProMarketerX - Terms of Service
Last Updated 13/12/22
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time to be aware of any changes, as they are binding on you.
Acceptance of the Terms of Service
This Agreement (“Agreement”) is a legal contract between You and ProMarketerX. A company registered at 22 Rosebank, Dunfermline, KY11 4BD (“ProMarketerX,” "Company," "we," or "us"). “You” means the entity you represent in accepting these Terms, or you as an individual, with details as held electronically on account at www.ProMarketerX.com (collectively the “parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.ProMarketerX.com, including any content, functionality and services offered on or through www.ProMarketerX.com (the "Website"). If you do not want to agree to these Terms of Use or the Privacy Policy (found at www.ProMarketerX.com/privacy, incorporated herein by reference) you must not access or use the Website.
Important: Please read carefully before paying or accessing ProMarketerX proprietary programs and services that include, but are not limited to; audio and or visual presentations, social media groups, messaging apps, seminars and software(s) that may otherwise be owned and or associated with ProMarketerX. By accessing or using our service(s), you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have the full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or a similar button or checkbox) that is presented to you. If you do not meet all of these requirements, you must not access or use the Website.
PLEASE NOTE THAT IF YOU SIGN UP FOR A PROGRAM USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
Commencement of this Agreement is conditional upon your acceptance of this Agreement and or an initial, non-refundable Program payment (the initial payment) as set out within clause 1.5 of this Agreement.
Now, therefore, the parties agree as follows:
Section 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, ProMarketerX agrees to provide (at its own expense and discretion) business services to you in the form of information, designs, software, and marketing services, hereinafter referred to as ("Program(s)”) in exchange for a program fee determined according to paragraph 1.5. below.
1.2. Program Information: You are permitted to use the information made available through ProMarketerX Programs only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the program information.
1.3. Term: The term of this Agreement will commence upon your acceptance of this Agreement and or payment of the applicable Program and you agree and understand that upon commencement of the term of this Agreement, you will become enrolled in the ProMarketerX Program(s).
1.4. Termination: ProMarketerX may terminate this Agreement at any time in its discretion upon notice to you, and limit, suspend, or remove you from continuing in the Program at any time without refund if you cease to follow the program guidelines, become disruptive or difficult to work with or impair the Program’s functionality in any way.
1.5. The Initial Payment: By accepting the terms of this Agreement, you agree to pay fees in accordance with the applicable rates quoted or set forth in the applicable order form(s). Payment obligations are non-cancelable and fees, once paid, are non-refundable.
1.6. Fees: Your program fee will be fixed for the duration of your participation in the program, provided that payment in full is received. Monthly contracts can be paused but any payments received in relation to access will not be conditional to a refund as set out within clause 1.7 of this Agreement.
1.7 No Refunds: ProMarketerX abides by a strict, no refund policy for users that have used our services or accessed any data-sensitive or unique IP-related industry information or data(s) within our program(s). By accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the program(s) offered by ProMarketerX. You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefit of and membership in such program(s), you are taking full responsibility for your own success. Thus, you agree that you will not request a refund.
Section 2: No Warranties
2.1. No Warranty: ProMarketerX makes no warranty, express or implied, concerning its Programs. ProMarketerX expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
2.2. Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that ProMarketerX provides Programs and guarantees no specific results. You take full responsibility for your own success. Results can and do vary, and the results of our coaching team are not typical therefore ProMarketerX makes no guarantees. The testimonials and examples used in any of our visual representations are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his/her background, finances, dedication, the starting point in his/her business, desire and motivation, industry and product selection.
2.3. Limited Liability: In no event, will ProMarketerX be liable to you or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether, under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if ProMarketerX has been advised of the possibility of such limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.4. Accessing the Website: We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
2.5. System Outages, Capacity Limitations and Delays: As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Web site or communicating with ProMarketerX through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s or ProMarketerX’s can experience unanticipated outages or slowdowns, or have capacity limitations. ProMarketerX shall have no liability, contingent or otherwise, to you or to third parties, for delays, omissions, or interruptions in the delivery of the services available on this Web site or for any other aspect of the performance of the Program or for any failure or delay in the execution of any transactions through this service.
Section 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by ProMarketerX by personally agreeing to the terms of this Agreement are permitted to use and participate in such programs. Except as expressly authorized by this Agreement, you shall not provide or make available any documentation, video, audio, or any login member credentials to any third party, or use the documentation, video, audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information.
3.2 Intellectual Property: You acknowledge that any audio, visual presentations, documentation, and other elements of ProMarketerX Program(s), software(s) and system(s) are the sole Intellectual Property of ProMarketerX protected under copyright, trademark and other intellectual property laws and international treaties. You further acknowledge and agree that, as between You and ProMarketerX and its third-party licensors, they shall continue to own all rights, titles, and interests in and to the audio and/or visual presentations, documentation, and other elements of the ProMarketerX’ systems, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or indefinite software access or other right or interest in or to the audio and/or visual presentations, documentation, and other elements of the Program(s), software(s) and system(s), or any other intellectual property rights of ProMarketerX, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that ProMarketerX uses in connection with services rendered are marks owned by ProMarketerX. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
Section 4: Miscellaneous
4.1. Non-Transferability: The rights and obligations under this Agreement are exclusive to you and you may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: You will, at your own expense, defend, indemnify, and hold ProMarketerX, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including legal fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Lifetime Access: ProMarketerX will endeavour to ensure access to all Program(s), software(s) and system(s) offered by ProMarketerX. ProMarketerX will reserve the right to cease access to any Program(s), software(s) and system(s) should ProMarketerX deem that the offering infringes upon the terms of services and or rights of a third party.
4.4. User Content: If you provide to us any ideas, proposals, suggestions or other materials (to be referred to as “Feedback”), whether related to the Web Site, our programs or otherwise, such Feedback will be deemed to be User Content, and you hereby acknowledge and agree such Feedback is not confidential, and your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
4.5. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between You and ProMarketerX concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with ProMarketerX relating to both the software and the program, whether oral or written.
4.6. Governing Law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Scotland. The Parties submit to the jurisdiction of the Scottish courts.
4.7. Disclaimer: ProMarketerX coaches, mentors, and other participants are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by these instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.
Section 5: Risk Guide
Your personal decision to invest: We do NOT give any type of investment advice, or make personal recommendations. ProMarketerX cannot and does not offer investment advice. ProMarketerX Program content has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and ProMarketerX is not soliciting any action based upon it. This information is not to be construed as a recommendation or solicitation. Although Program(s) are based upon information that ProMarketerX considers reliable and endeavours to keep current, ProMarketerX has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
By proceeding, you acknowledge that you understand and agree to all of the aforementioned terms, including those related to program fees, strict no-refund policy, and confidentiality. Your decision to invest in the ProMarketerX program(s) is your own, ProMarketerX does not provide investment advice.
Your Comments and Concerns
This website is operated by ProMarketerX. A company registered at 22 Rosebank, Dunfermline, KY11 4BD.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to scottjmillar@gmail.com.