Terms of Service
These Terms of Service (the “Terms”) govern your use of the Marketing by Numbers (“We” or “Our”) websites and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Marketing by Numbers and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
DESCRIPTION OF SERVICE
Marketing by Numbers is a marketing-as-a-service solution created specifically for the needs of busy accounting firm owners.
Marketing by Numbers creates short educational videos on various accounting and financial topics. Certain plans offer to the ability to record Marketing by Numbers topics using an accounting firms’ own personnel. The videos are embedded on custom-branded landing pages and integrated into your website. For Marketing by Numbers topics, a branded white paper is included on the landing page and an email template is created for each topic.
As part of the service, we send your contacts branded emails that help educate the recipients on a variety of finance-related topics.
We may add, remove, or replace any software, technology or marketing content to or from our Services at our discretion.
MODIFICATION OF TERMS OF SERVICE
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. Your continued use of the Services after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the signup process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Marketing by Numbers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Marketing by Numbers may terminate your current or future use of any or all of the Services.
PERSONAL INFORMATION AND PRIVACY
COMMUNICATIONS FROM MARKETING BY NUMBERS
The Service may include certain communications from Marketing by Numbers, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
FEES AND PAYMENTS
Subscriptions to paid Services are available on monthly or semi-annual subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card, you agree to update your payment information within the Services.
You can choose to be invoiced directly for the semi-annual payment option. In this case, you will receive an invoice 30 days prior to your renewal, to be paid by your renewal date. Marketing by Numbers reserves the right to change the subscription fee by providing you notice 30 days in advance of any pricing change. You will not be charged for using any Services unless you have opted for a paid subscription plan. Information on the standard subscription plans can be found at www.marketingbynumbers.io/pricing.
Your satisfaction is our top priority. If you are not completely satisfied within the first 30 days from initial purchase you can receive a full refund for all fees.
SUSPENSION AND TERMINATION
You have the right to terminate the service at any time. Once you terminate service, your credit card will not be charged again, but you are responsible for any charges already incurred. We do not offer partial refunds for any unused time that you may have already paid for, except if a refund is requested within the first 30 days of use. There is no way to restore your data once your subscription has been canceled.
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know in advance; however, there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your use of the Services immediately.
You understand that upon termination, you will not have access to the Services and certain Services may not work. Upon termination, you may not use any of our marketing content including any custom branded content created in connection with the Services.
MARKETING CONTENT OWNERSHIP
We have built a library of marketing content that includes email templates, landing pages, videos and white papers. You are granted a limited use license to use our library of content in conjunction with your use of the Services. You may not use our marketing content outside of the Services we provide. Any use outside of the defined services, including but not limited to, Social Media Posting, Website, Print, Publication etc., is strictly prohibited. We retain full ownership in our library of marketing content and any branded derivative of our content that we create and use to deliver the Services.
Your Contact Database provided to Marketing by Numbers is and will remain your property. We will not sell, modify, distribute or make public your list of contacts. Upon termination of your agreement, Marketing by Numbers will provide your data in the form of a CSV file. This data will no longer be used and will be deleted from the BenchmarkONE database.
Upon cancellation of the Marketing by Numbers service, there is an option to maintain a subscription to the BenchmarkONE Platform at the current BenchmarkONE retail pricing.
3RD PARTY MARKETING AND EMAIL SERVICES
You must adhere to all Terms of Service of 3rd Party Marketing Technology partners we use. This is including but not limited to:
1. ACCOUNT SECURITY
If you request access to the Marketing Technology, you are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized acts and/or use of your user account, or otherwise. You should immediately notify Marketing by Numbers of any unauthorized use of your account.
2. SPAMMING AND ILLEGAL ACTIVITIES
If you request access to the Marketing Technology, you agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe on the intellectual property or other rights of another.
You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
3. CONTENT CREATION
Content which you have uploaded or inputted in the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share Content unless you have the right to do so. You, not Marketing by Numbers, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Services.
4. USER GENERATED CONTENT
In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
Further, by making any content available in the manner aforementioned, you expressly agree that Marketing by Numbers will have the right to block access to or remove such content made available by you, if Marketing by Numbers receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Marketing by Numbers for this purpose.
Marketing by Numbers, the Marketing by Numbers logo, the names of individual services and their logos are trademarks of Marketing by Numbers. You agree not to display or use, in any manner, the Marketing by Numbers trademarks, without Marketing by Number’s prior permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. MARKETING BY NUMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETING BY NUMBERS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MARKETING BY NUMBERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT MARKETING BY NUMBERS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MARKETING BY NUMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MARKETING BY NUMBERS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL MARKETING BY NUMBERS’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Marketing by Numbers, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Marketing by Numbers.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Missouri and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Marketing by Numbers may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If you have any questions or concerns regarding our Terms of Service, please contact us. We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity.
Marketing by Numbers, Inc.
8816 Manchester Rd.
St. Louis, MO 63144