MXC Digital Marketing
Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words with capitalized initial letters carry the meanings outlined below. The following definitions maintain their significance whether expressed in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by MXC Digital Marketing, downloaded by You onto any electronic device, named MXC Digital Marketing.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" signifies ownership of 40% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority
Account means a unique account created for You to access our Service or portions thereof
Country refers to the United States.
Company refers to MXC Digital Marketing, along with each of its direct and indirect subsidiaries, sister
companies, and parent companies
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, irrespective of the form of that content.
Device means any device capable of accessing the Service, such as a computer, a cell phone, or a digital tablet.
Feedback means Your feedback, innovations, or suggestions regarding the attributes, performance, or features of our Service.
Enhanced Services refer to any items or additional services available for you to purchase through the Service. In-app Purchase refers to the acquisition of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Leads mean the identifying information for any potential purchasers of insurance and related products, which (i) You already own, (ii) You have purchased from MXC Digital Marketing or one of its Affiliates, or (iii) have otherwise been assigned to You by MXC Digital Marketing for use with the Service.
Orders mean a request by You to purchase Enhanced Services from Us.
Service refers to the Application, the Website, or both, both of which are being provided as a "beta version" to a limited number of users for testing and feedback.
Subscriptions refer to the services or access to the Service offered on a subscription basis by
MXC Digital Marketing to You.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that constitute the entire agreement between You and MXC Digital Marketing regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to https://mxcdigital.com . You means the individual accessing or using the Service, or MXC Digital Marketing, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions outline the rights and obligations of all users regarding the use of the Service.
our access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You must complete any onboarding training prescribed by MXC Digital Marketing before using the Service. If You have been using the prior "pilot" version of the Service and have not subscribed to use this "beta version" of the Service and completed the training described above, your access to the Service will be terminated on May 31, 2024.
All support services associated with the Service, the Website, or the Application will be provided by MXC Digital Marketing.
You represent that you are over the age of 18. MXC Digital Marketing does not permit individuals under the age of 18 to use the Service.
Leads
You are strictly prohibited from uploading or otherwise adding any Leads to Your Account that have not been assigned to you by MXC Digital Marketing or one of its Affiliates. You agree that you will work all Leads uploaded or added to your Account only through the Service and in accordance with the Service’s designated processes, and not through any other platforms or other means. Additionally, for all such Leads purchased through or otherwise assigned to you by MXC Digital Marketing or one of its Affiliates, You agree that such Leads are subject to the lapse rules applicable thereto, as may be in effect from time to time ("Lead Lapse Rules"). You may contact MXC Digital Marketing regarding the applicable Lead Lapse Rules in effect for any Leads you purchase or have purchased.
Placing Orders for Enhanced Services
By placing an Order for Enhanced Services through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Enhanced Services available on the Service, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for the purpose of facilitating the completion of Your Order.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Enhanced Services on the Service. The Enhanced Services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Enhanced Services on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
MXC Digital Marketing reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by MXC Digital Marketing subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of MXC Digital Marketing. In that event, You will have the right to cancel Your Order.
Payments
All Enhanced Services purchased will be subject to either a one-time payment or through a Subscription on the terms described below for Subscriptions. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or MXC Digital Marketing cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting MXC Digital Marketing. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
Billing
You shall provide MXC Digital Marketing with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, MXC Digital Marketing will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
MXC Digital Marketing, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
MXC Digital Marketing will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by MXC Digital Marketing on a case-by-case basis and granted at the sole discretion of MXC Digital Marketing.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be outlined in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting us directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment-related issues with In-app Purchases, then you need to contact the Application Store directly.
User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Content
Your Right to Post Content
Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
MXC Digital Marketing is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine-generated, or randomly-generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including MXC Digital Marketing and its employees or representatives.• Violating the privacy of any third person.
• False information and features.
MXC Digital Marketing reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and may refuse or remove such Content.
MXC Digital Marketing further reserves the right to make formatting and edits and change the manner of any Content. MXC Digital Marketing can also limit or revoke the use of the Service if You post objectionable Content. As MXC Digital Marketing cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will MXC Digital Marketing be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, MXC Digital Marketing does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
MXC Digital Marketing will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of MXC Digital Marketing and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MXC Digital Marketing.
You shall not duplicate the Service in any format that would, in whole or in part, reverse-engineer or otherwise infringe upon the intellectual property rights of the Company, and You shall not use or disclose the Service in any manner other than as permitted by this Agreement.
Your Feedback; Confidentiality
You agree to provide Feedback to MXC Digital Marketing regarding your use of and experience with the Service as and when requested by MXC Digital Marketing, whether through the Service or otherwise. You acknowledge that your Feedback may be used by MXC Digital Marketing to help improve the Service and complete the development of the Service beyond this "beta version." You assign all rights, title, and interest in any Feedback You provide to MXC Digital Marketing. If for any reason such assignment is ineffective, You agree to grant MXC Digital Marketing a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
You also agree (i) not to provide Feedback regarding the Service in any public forum or otherwise to any other parties other than MXC Digital Marketing, and (ii) not to otherwise disclose any aspects of the Service to any other parties.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by
MXC Digital Marketing. MXC Digital Marketing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that MXC Digital Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of MXC Digital Marketing and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall MXC Digital Marketing or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if MXC Digital Marketing or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is being provided as a "beta version," and there will be faults and defects. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MXC Digital Marketing, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, MXC Digital Marketing provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither MXC Digital Marketing nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of MXC Digital Marketing are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of Utah, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting MXC Digital Marketing.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Changes to These Terms and Conditions
If you have any questions about these Terms and Conditions, You can contact us at any time.