Mark Firth
Date Effective: Aug, 2023
This website (the “Site”) is owned and operated by MARK FIRTH “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from MARK FIRTH . Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Our Limited License to You.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to MARK FIRTH from their creation. Thus, MARK FIRTH shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as MARK FIRTH determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey, and transfer to MARK FIRTH all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which is reproductions of prior works by you shall be co-owned by us.
You acknowledge that MARK FIRTH has the right but not the obligation to use and display any postings or contributions of any kind and that MARK FIRTH may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not MARK FIRTH
Neither MARK FIRTH MARKETING nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, MARK FIRTH MARKETING neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized MARK FIRTH representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY MARK FIRTH AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless MARK FIRTH, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations
SMS and Text Message Marketing Privacy Policy
This Privacy Policy outlines how we collect, use, disclose, and protect the personal information you provide to us when enrolling in our SMS and text message marketing program. By opting into this program, you acknowledge and agree to the practices described in this policy.
1. Information We Collect
When you enroll in our SMS and text message marketing program, we may collect the following types of information:
a. Mobile Phone Number: We collect your mobile phone number when you provide it during the opt-in process.
b. User Preferences: We may collect data on your communication preferences, such as the types of messages you wish to receive or how frequently you want to receive them.
c. Interaction Data: We may collect data related to your interactions with our SMS messages, such as whether you open, click on links, or respond to our messages.
2. Use of Information
We use the information collected through our SMS and text message marketing program for the following purposes:
a. Delivering Marketing Messages: We use your mobile phone number to send you promotional messages, offers, and updates related to our products and services.
b. Personalization: We may use your interaction data and preferences to personalize the content of our SMS messages to better suit your interests.
c. Customer Support: We may use your information to address your inquiries, concerns, or provide assistance related to our SMS marketing program.
d. Internal Analytics: We may use aggregated and anonymized data to analyze the performance of our SMS and text message marketing campaigns and improve their effectiveness.
3. Data Sharing and Disclosure
We do not sell, trade, or rent your personal information to third parties for their marketing purposes. However, we may share your information with the following entities for the purposes described in this Privacy Policy:
a. Service Providers: We may engage trusted third-party service providers to assist us in delivering SMS messages or managing our SMS marketing program. These service providers are contractually obligated to protect your information and are not allowed to use it for any other purpose.
b. Legal Compliance: We may disclose your information if required by law, in response to a court order, or to comply with applicable legal and regulatory requirements.
4. Data Retention
We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
Your Rights and Choices You have the right to:
a. Opt-Out: You can opt-out of our SMS and text message marketing program at any time by replying "STOP" to any marketing message you receive from us.
b. Access and Update: You can access and update your personal information by contacting our customer support team at [Your customer support contact details].
c. Data Deletion: Upon request, we will delete your personal information from our records, subject to any legal obligations to retain certain data.
5. Security
We take reasonable measures to protect the information we collect through our SMS marketing program from unauthorized access, disclosure, alteration, or destruction. However, please note that no method of data transmission over the internet or method of electronic storage is 100% secure.
6. Changes to the Policy
We reserve the right to modify or update this Privacy Policy at any time to reflect changes in our practices or for legal and regulatory compliance. We will notify you of any material changes by posting the updated Privacy Policy on our website.
By enrolling in our SMS and text message marketing program, you consent to the practices described in this Privacy Policy.