1.1 Terms of Service:
Monumental Media & Marketing, LLC – hereafter MMM – By electing to subscribe to our products, services and/or utilize any of the published materials on our website www.simplymonumental.com you acknowledge acceptance of the following terms and conditions.
THE INFORMATION AND SERVICES PROVIDED BY (MMM) ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY (MMM), ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER.
1.3 Third-Party Affiliates:
MMM uses several third-party affiliates and their products and services to serve advertisements on your behalf, however, we cannot guarantee exact positioning of a client’s advertisement or the number of hits, clicks, leads, calls, emails, conversions, or sales as an outcome of marketing with MMM. There may be events outside of our control that hinder our capacity to display your advertisements online. These events could include, but are not limited to ad blockers, incompatible or outdated user software, daily or monthly ad spending limits, incompatible mobile devices, mobile restrictions with your carrier, affiliate system updates, affiliate account reviews, or any other event outside the control of MMM, and therefore cannot be held liable or responsible for any loss of income or downtime due to these circumstances. MMM has no power over the substance or validity of our client’s personal website and has no methods of measuring the outcome of sales from our client’s online marketing.
MMM reserves the right to discontinue any or all subscribed to products and services or cancel your subscription at any time. All clients of MMM also reserve these same rights when executed in compliance of our Cancellation Policy located in section: 1.7
1.5 Subscription Details:
Your order authenticates the arrangement that was made between you and a marketing consultant from MMM to subscribe to our services, as was recorded with your obtained verbal consent and authorization, your digital signature (optional) and confirmed by email receipt. Unless explicitly contradicted by your order confirmation, the recorded agreement, digital signature and emailed receipt described above continues in full force and effect. All subscriptions are enrolled in automatic recurring billing (ARB) and are not offered on a trial basis. You authorize MMM to charge your established payment option/credit card monthly for your subscription. All subscriptions, whether month-to-month, or minimum commitment term periods, (3) month, (6) month or (12) month commence from the date of your original purchase unless otherwise agreed upon and outlined in your order confirmation. Your subscription will continue in full effect until you elect to cancel. MMM bills under the Billing Description (Real Estate Marketing 8445498541). MMM guarantees to not increase your monthly rates unless given express consent. However, changes to your subscribed services, at your request, will be subject to the then current rate even if it differentiates from your current subscription rates. It is your responsibility to update MMM with any and all changes to your customer information, including but not limited to, your personal and professional contact information, your billing method and your subscribed website address.
1.6 Subscription Payment Policies:
Subscription payments must be processed successfully and on time to avoid suspensions or the cancellation of your subscription. If your payment fails for any reason, your marketing may remain online for up to (30) days as we attempt to contact you to collect updated payment information to bring your subscription current. The payment option associated with any past due or delinquent subscriptions will automatically run through our internal billing system periodically for up to (30) days to resolve your past due balance and bring your subscription current. Suspensions or the cancellation of your subscription in no way negates your obligation to pay all past due monies owed to MMM. If your subscription is not brought current within (30) days, we reserve the right to cancel your subscription for non-payment and turn your past due balance over to a collections agency working on our behalf and charge for any additional service fees accrued recuperating outstanding balances owed to MMM.
All services provided and rendered by MMM are non-refundable, however there may be specific instances in which an account manager may provide a credit or refund if an error has occurred internally or on our behalf.
Billing Disputes & Service Adjustments: For billing questions, call or contact client services within 14 days after the charge has posted to your banking institution or credit card. OTHERWISE YOU WAIVE YOUR RIGHT TO CONTEST OR DISPUTE THE CHARGE. If a dispute of service (chargeback) is filed, your services will immediately be removed and your subscription will be paused pending the outcome of your dispute. In addition, we reserve the right to use an inside or outside collections agency working on our behalf and charge for any additional service fees accrued recuperating outstanding or disputed balances owed to MMM.
1.7 Cancellation Policy:
It is the sole responsibility of the client to contact MMM to cancel any portion of, or their entire subscription of products and services. Cancellations by phone and email are not accepted. All cancellations must be submitted by completing our Subscription Cancellation Form during hours of operation (Monday-Friday, 9am-4pm, pacific time) a minimum of (3) business days prior to your automatic recurring billing date. If notice of cancellation is not given within said time frame, MMM cannot prevent an automatic recurring charge to your subscription and therefore you will be charged for (1) additional month of service with your cancellation taking effect at the conclusion of your final billing period. Cancelling a month-to-month subscription will stop all future monthly recurring subscription charges, but does not negate or refund the transaction for the current billing period. If you elect to cancel a month-to-month subscription, your products and services will remain in full effect until the end of the current billing period. Subscriptions established with minimum commitment term periods must be fulfilled (early termination of minimum commitment term period subscriptions are not allowed). If you elect to cancel a minimum commitment term period subscription before you have fulfilled your commitment, you will continue to be billed your monthly recurring charge and your products and services will remain in full effect until your minimum commitment time period has been fulfilled.
1.8 General Terms:
Authority to Bind: No employee or agent representing Monumental Media & Marketing, LLC or our affiliates is authorized to offer or agree to any binding agreement with another party without the signed and documented approval of the COO.
Governing Law: This Contract is made and shall be construed and performed under the laws of the State of Oregon without giving effect to choice of law principles. The parties agree that exclusive jurisdiction and venue for any action hereunder shall lie in the Circuit Court of Oregon, Washington County.
Waiver: Failure to insist upon strict compliance with any term or condition of this Contract shall not constitute a waiver of such term or condition, nor shall any waiver or relinquishment of any right or power under this Contract at any one or more times be deemed a waiver of relinquishment of such right or power at any other time.
You hereby grant MMM and our affiliates non-exclusive, irrevocable, royalty-free, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, if needed, in order to direct traffic to your website through products offered by MMM and our affiliates.
For questions regarding our Terms of Service, please contact Client Services.
Last Revised: 12/20/2020