TERMS OF SERVICE
Last updated 03/25/2021
These Terms of Service (the “Agreement” and “Terms”) constitute Terms and Conditions on which FOMO agency, LLC (also referred to as “FOMO agency”, “We”, “Us”, and “Our”) provides you, and its Customers (the “Customer”, “You”, and “Your”) (collectively referred to as the “Parties”) with access to various commerce related Services, as defined below in (Section 6, Products and Services), as well as this website: https://www.fomoagency.com (the “Site”), including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all Terms, conditions, policies and notices stated here (collectively, the “Service”).
By indicating acceptance of this Agreement, visiting our Site and/or purchasing anything from us, you engage in our Service and are entering into a legally binding Agreement with FOMO agency. By entering into this Agreement you also agree to be bound by those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement shall apply to all Customers of FOMO agency and users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. The terms of this Agreement shall govern any use of the Service regardless of that Service being paid, or unpaid. If you do not wish to be bound by this Agreement do not engage in the use of any of our Services or this Site.
If Customer or the third-party on behalf of whom the Customer is acting (also, a “Customer”) and FOMO agency have already entered into a separate agreement governing provisions of a specific Service that has been signed between the parties, then that other agreement shall apply in place of the Agreement herein, notwithstanding the use of any FOMO agency Services not detailed in that other agreement.
Any new Services, features, or tools designed or developed by FOMO agency, unless governed by a separate agreement, shall be governed by this Agreement. You can review the most current version of the Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of our Service and access to the Site following the posting of any changes constitutes acceptance of those changes.
Our website is built on WordPress and hosted by Bluehost Inc. They provide us with products and services that allow us to offer our site, products, and services to you and our customers online. You can access the Bluehost Inc Terms of Service here.
SECTION 1 – DEFINITIONS
“Agreement” and “Terms” = the terms and conditions that are defined in the agreement herein.
“Agreement Period” = the active period in which the Terms and Conditions of any FOMO agency agreement and/or Service are in effect.
“Comments” = Any information submitted to FOMO agency by Customer, regardless of being requested, including but not limited to: creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise.
“Customer”, “You” and “Your” = The individual and/or entity who must agree to this entire Agreement in order to use the FOMO agency site or engage with any FOMO agency Service.
“FOMO agency LLC”, “FOMO agency”, “We”, “Us” and “Our” = FOMO agency LLC, a corporation established under the laws of Florida.
“Others” = FOMO agency officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors, third-party vendors, and their respective successors and assigns.
“Our Content” = Everything displayed or otherwise accessible on or through the Site and Services.
“Parties” = when both FOMO agency and the Customer are being referenced together.
“Renewal Period” = Any extension of any FOMO agency agreement period as a result of a recurring subscription and/or retainer Service.
“Service” = various FOMO agency consulting services, the FOMO agency website, as well as any applicable statement of work (the “SOW”), order form, or invoice we may issue to you, in respect of the FOMO agency product and services.
“Site” = the FOMO agency website: https://www.fomoagency.com
“SOW” and “Statement of Work” = the description of a consulting and/or project work requirement. It defines project-specific activities, deliverables, and timelines for a Service provided by FOMO agency to the Customer.
“Vendors” = third-party service providers that FOMO agency refers business to.
SECTION 2 – AUTHORITY AND AUTHORIZATION
By agreeing to these Terms, you represent that you are at least eighteen (18) years of age or have valid authorization from your legal representative or custodian. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Agreement will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Comments and content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The sections and headings, with or without hyperlinks, used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 – PRODUCTS or SERVICES
FOMO agency is a provider of Products or Services to businesses that primarily include, but shall not be limited to: Retail Businesses, Software Companies, and Retail Service Providers. FOMO agency Services include, but shall not be limited to: various consulting services, this Site, downloadable products, educational courses, as well as any applicable SOW, order form, or invoice we may issue to you, in respect of our Services. We have made every effort to display as accurately as possible the information about our Services on our Site. The specifics of each aspect of the Services (including technical details, support, and pricing information) are posted on our Site, as we may amend them from time to time, as well as in any applicable SOW, or order form, we may issue to you, in respect of the Services. Where Customer engages in any FOMO agency Service that warrants direct payment, the details of Parties engagement may be governed by additional documents, addendums, and/or agreements as part of that engagement.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of our products, Services, or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any FOMO agency product, Service, and/or other information mentioned in relation to FOMO agency, purchased or obtained by you, will meet your expectations, or that any errors in our Service will be corrected.
SECTION 6 – PAYMENTS AND TERMS
Unless otherwise indicated, or agreed upon between the Parties, all sales of FOMO agency Services are final when you complete a purchase of the Service. When completing payment, you confirm that you are authorized to use the method which you have used to make the payment. All payments made to FOMO agency do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility.
FOMO agency reserves the right to make changes to its Service pricing at any time, unless otherwise agreed upon in any separate agreement between the Parties, following that agreements termination date. If Customer objects to a pricing change or change in this Agreement, or any other applicable FOMO agency agreement, Customer may terminate the FOMO agency Service and applicable agreement by written notice prior to the expiration of any current Agreement Period and/or upcoming Renewal Period. If Customer does not exercise its right of termination during such period, Customer will be deemed to have accepted the change in pricing, as well as any potential Renewal Period.
Customer agrees to indemnify and hold harmless FOMO agency and its Others, against any chargeback costs (plus any taxes or related fees) which are required to pay, as a result of a payment dispute with you or in relation to a payment Customer has made to us in the Services.
If Customer is ever billed directly by FOMO agency, in most cases, Customer will be invoiced and billed by FOMO agency in accordance with any additional terms agreed upon by the Parties. Customer must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of Customer invoice in a manner determined by FOMO agency in its sole discretion. For payments made by credit card, Customer herby authorizes FOMO agency to charge Customer credit card on Customer invoice date until any such Agreement is terminated. All payments are made payable in USD (United States Dollars).
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may, in our sole discretion, limit or cancel our Service use per person, per business or per Customer. These restrictions may include the use of our Service by or under the same customer account, the same credit card, and/or purchases that use the same billing and/or shipping address. In the event we make a change to or cancel a purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Agreement was made. We reserve the right to limit or prohibit the use of our Service, in our sole judgment, orders of Service appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for each intended use of our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – REFUNDS
Unless otherwise indicated on the Site, or agreed upon by the Parties, FOMO agency does not offer any refunds on the Services, and all sales are final.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features both ON and OFF the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTIES AND VENDORS
Certain content, products, and services available via our Services may include referrals to and/or materials from third-parties and Vendors. Referrals and/or materials from FOMO agency may come in the form of:
- hyperlinks via Site
- hyperlinks sent via email
- direct introductions via email, phone, video conference, etc. from FOMO agency between the Customer and third-party and/or Vendor
Referrals, in any form, may grant FOMO agency a commission determined by predefined terms between any Vendor and FOMO agency. FOMO agency will act in the best interest of the Customer who engages in any FOMO agency Service regardless of any potential commission FOMO agency stands to receive from Vendors.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third parties, and their respective websites. Please review carefully third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 12 – PRIVACY
SECTION 13 – PUBLICITY
Customer grants FOMO agency a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to disclose and use the name of Customer (including through the display of Customer logo) that Customer is one of its Customers (including in its publicity and marketing materials), provided that Customer may revoke the foregoing rights upon prior written notice to FOMO agency.
SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or in our Services that contains typographical errors, inaccuracies or omissions that may relate to our Service descriptions, pricing, promotions, offers, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee, represent, or warrant that the results that may be obtained from the use of our Service or any third-party service will guarantee anyone any specific outcome.
We are not responsible for providing technical support for any applications, products, or services provided to you by third-parties.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied. Some of the services offered are referrals to third-party entities. You expressly agree to hold FOMO agency harmless of any wrongdoing, miscommunication, failure to deliver goods, or anything you determine mishandled by any third-party entity.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in addition to the above Disclaimer of Warranties, in no case shall FOMO agency and its Others be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – OWNERSHIP AND RIGHTS
Conditional on the Customers compliance with the terms and conditions of this Agreement, FOMO agency grants to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to use our Services. These rights terminate immediately upon the termination of this Agreement, or any other agreements previously agreed to by the Parties. All rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in our Services.
Our Content, and the selection and arrangement of Our Content, are protected by copyright, pursuant to copyright, or have acquired the necessary rights or licenses, in Our Content. Portions of Our Content may have been licensed to us or published on our Site, or as part of the Services, by third-parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display, or exploitation of the Services or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited.
Certain words, phrases, names, designs, or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or Others. The display of such marks on or through the Site and Services does not imply that you have been granted a license by us or others with respect to them.
Customer acceptance of the terms and conditions contained in this Agreement herein, shall grant Customer a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our Site, including a limited license to download, print and store single copies of Our Content, (other than source code) from our Site, for your personal use, provided that you maintain all copyright and other notices contained in such items, and do not allow any third-party to, copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in our Site. Our Content must not be reproduced, republished, or disseminated in any manner or form without prior written consent or the prior written consent of the third-parties from which such information was collected.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FOMO agency. If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using the contact information below.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FOMO agency and its Others, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 – SEVERABILITY
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either Party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use any of our Service, or when you cease using our Site, notwithstanding any other existing agreement between the Parties that may bind you to these Terms herein.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on our Site or in respect to the Service constitutes the entire Agreement and understanding between Parties and governs your use of the Service, superseding any prior or contemporaneous agreements (unless otherwise agreed upon between the Parties), communications, and proposals, whether oral or written, between Parties (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Miami Lakes, Florida, 33016, United States of America.
SECTION 24 – CHANGES TO TERMS, SERVICE, AND PRICING
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site, Service, and pricing without notice at any time. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]