Talmadge Marketing Group's Terms of Service
For DIGITAL DOWNLOADS, SUBSCRIPTION SERVICES AND DIGITAL DELIVERY OF SERVICES:
We do not accept returns or exchanges of any Digital Content, Subscription Services, or Hosting Fees.
The term “Jarred Talmadge” or “us” or “we” refers to the owner of the website www.JarredTalmadge.com, www.RealEstateSocialMediaExpert.com whose registered office is: Talmadge Marketing Group, LLC., 9734 Burberry Way, Highlands Ranch, CO 80129
The term “you” refers to the user or viewer of our website.
This website is provided subject to these terms of service. By using this website, you agree to these terms. If you do not agree to do these terms, you are not authorized to access and use this website.
1.1 All content on this website is provided to you on an “as is” basis without warranty of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
1.2 Jarred Talmadge makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Jarred Talmadge makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses.
1.3 Information on this website is subject to change without prior notice. If you have provided us with an email address, we will endeavor to notify you, by email to that address, of any material change to these terms of service. Although every reasonable effort is made to present current and accurate information, neither Jarred Talmadge nor any contributor of content to this website makes any representation, warranty, or guarantee of any kind that the information on this site, linked site or the sites of any referenced individual or business is current or accurate.
1.4 By allowing other individuals or businesses to advertise or post links and content on this site, Jarred Talmadge is not in any way representing, warranting, or guaranteeing the qualifications or competence of any of those individuals or businesses.
1.5 This website may contain information that is linked to, created, or maintained by a variety of sources external to Talmadge Marketing Group, LLC. That information may contain the personal opinions and other expressions of the persons who post the entries. Talmadge Marketing Group, LLC. does not control, monitor, or guarantee the information supplied by others or information contained in links to other external websites, and does not endorse any views expressed or products or services offered therein. In no event shall Jarred Talmadge or Talmadge Marketing Group, LLC 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 site or resource.
1.6 Any links to external web sites or non-Talmadge Marketing Group, LLC. information provided in this website are provided as a courtesy. They should not be construed as an endorsement by Talmadge Marketing Group, LLC. of the content or views of the linked materials.
2. RESTRICTIONS ON USE/COPYRIGHT
Information on and available through this website may be protected under the U.S. and foreign copyright laws. Permission to reproduce may be required.
You may download, reproduce, and retransmit material displayed on this web site for non-commercial, personal use. If you do so, you agree that Jarred Talmadge or the appropriate author of such material retains all copyright and other intellectual property rights in such the materials. You may not use, distribute, modify, transmit, or post the content of Talmadge Marketing Group’s website for public or commercial purposes, including any text, images, audio, or video, or posting on the Internet without Jarred Talmadge’s written permission.
All trademarks, service marks, trade names, logos, and icons (“Marks”) on this website are proprietary to Jarred Talmadge or third parties by whom permission has been granted to Jarred Talmadge to place Marks on this website. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Jarred Talmadge or such third party that may own the Marks displayed on this website. Your use of the Marks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the website infringes your copyright, you (or your agent) may send Jarred Talmadge a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). DMCA notices and counter-notices regarding the website should be sent to the mailing address mentioned above.
5. USER PRODUCED CONTENT
You acknowledge and agree that if you contribute, provide, or make available any content to this website (“Content”), you hereby grant to Jarred Talmadge a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, and otherwise exploit your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing license, and that all your Content (a) does not infringe, violate, misappropriate, or otherwise conflict with the rights of any third party, and (b) complies with all applicable laws and regulations (foreign and domestic). Jarred Talmadge reserves the right to remove any of your content from this website at any time for any reason or no reason.
6. PURCHASING PRODUCTS AND SERVICES.
6.1 All sales of products and services through this website are final. Jarred Talmadge does not accept returns, exchanges, or refunds; however, Jarred Talmadge will accept cancellation of service within 72 hours of placement of the order for a full refund.
6.2 Subject to the last sentence of this paragraph, Jarred Talmadge does not warrant any products or services purchased through this website. Jarred Talmadge expressly disclaims all warranties of any kind either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Jarred Talmadge sells products and services through this website that are provided by third parties. You must look to the provider of the products and services for any warranties, if any, with respect to the products and services you purchase through this website. If you purchase any products or services that are produced (in the case of products) or performed (in the case of services) by Jarred Talmadge, the standard warranties and remedies of Jarred Talmadge will apply.
6.3 In no event will Jarred Talmadge be liable for any indirect, special, consequential, or punitive damages (including, without limitation, lost profits, loss of use, and loss of revenue) arising out of your use of this website, including without limitation the purchase of products or services through this website (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Jarred Talmadge has been advised of the possibility of any such damage. In no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort, or otherwise), shall Jarred Talmadge liability exceed the amounts you paid to Jarred Talmadge for products and services purchased through this website.
You agree to defend and indemnify Talmadge Marketing Group, LLC., and its affiliates, and each of its and their respective, officers, directors, managers, agents, and employees against any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including without limitation reasonable attorneys’ fees) resulting from any claim, demand, suit, proceeding, or investigation made by any third party due to or arising out of (a) your Content, (b) your use of this website, or (c) your violation of these terms of service. Talmadge Marketing Group, LLC. reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting Talmadge Marketing Group, LLC defense of such matter.
8. PURPOSE OF WEBSITE
All information provided in this website is provided for information purposes only and does not constitute a legal contract between Jarred Talmadge or any contributor of Content to this website and any individual or business unless otherwise specified.
9. GOVERNING LAW AND DESIGNATION OF FORUM
9.1 The laws of the State of Colorado (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to your use of this website, these terms of service, and all transactions contemplated thereby.
9.2 Any party bringing a legal action or proceeding against any other party arising out of or relating to your use of this website, these terms of service, and all transactions contemplated thereby shall bring the legal action or proceeding in either the United States District Court for the District of Colorado or in any court of the State of Colorado sitting in Douglas County. Each party to this agreement consents to the exclusive jurisdiction of the United States District Court for the District of Colorado and its appellate courts, and any court of the State of Colorado sitting in Douglas County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates and agrees that the exclusive choice of forum set forth in this section does not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum.
9.3 Each party waives, to the fullest extent permitted by law, any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to your use of this website, these terms of service, and all transactions contemplated thereby brought in the United States District Court for the District of Colorado or in any court of the Colorado sitting in Douglas County and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.