Terms of Service

FoothillCreative.com Terms of Service

Last Updated: 8/4/2016

Thank you for choosing Foothill Creative for your business website needs.  It is our pleasure to help create web and marketing solutions that blend with your ideas. Please read carefully as this page and its contents govern the terms of our services and your legal rights and obligations. By accessing and using FoothillCreative.com you agree to the terms set forth by this document. If you do not agree to be bound by the terms herein, please contact us for further assistance. These terms shall take effect immediately on your first use of FoothillCreative.com.

You agree to comply with all rules, laws and regulations that are applicable to your use of the FoothillCreative.com, including, without limitation, those governing your transmission or use of any software or data.

Description of Service

Foothill Creative provides businesses with web and marketing services through our online portal, FoothillCreative.com.  Users may sign up for our services online and will be contacted by one of our representatives within 2 business days.  If you do not hear from a member of our team, please contact us through this [link]. You, the user, understand and agree that the terms listed here are “as-is” and that FoothillCreative.com assumes no responsibility for the timeliness, deletion, failure to deliver or failure to store any user communications or personalization settings.

Our Business Intro Website has a $249 startup cost with a $49/month, 12 month commitment. The initial payment is due prior to the start of the project, and the first payment will be billed upon completion of the website.  After the first month payment ($49), we will bill you $49 monthly, on the first of each month.  After 12 months, our agreement is month-to-month and you may cancel anytime.  We do not prorate service, so any cancellation will take effect on the 1st of the following month.  At any time after the initial 12 month agreement, you may request a backup of your website and all of its data.

Our Small Business Website Package has a $499 startup cost with a $249/month, 12 month commitment.  The initial payment is due prior to the start of the project, and the first payment will be billed upon completion of the website.  After the first month payment($249), we will bill you $249 monthly, on the first of each month.  After 12 months, our agreement is month-to-month and you may cancel anytime. We do not prorate service, so any cancellation will take effect on the 1st of the following month.  At any time after the initial 12 month agreement, you may request a backup of your website and all of its data.

Our Add-On Services are options that will be billed along with the monthly payments.  For example, if you select our Social Media Add-On Package ($100/mo.) on a Business Intro Website ($49/mo.), you will be billed $149 upon completion of the website, and $149 per month.  In another option, our Rich Content Add-On ($250/mo.) along with our Small Business Website Package ($249/mo.) will be billed $499 upon completion of the website, and $499 per month. You may alter your Add-On subscriptions at any time, and changes will go into effect on the 1st of the following month.

Timeline and Deliverables

Projects generally commence within 2 business days after the initial payment is made.  You will receive a welcome email from Foothill Creative along with instructions on how to proceed.  If you do not receive this welcome message, please contact us.  Our team will work directly with the customer to deliver a product that meets or exceeds their expectations.  We do not guarantee a specific timeline for any project, but most websites are completed within 10 business days.

Late Payments and Cancellation

Payments are due upon receipt of the invoice.  We give all of our customers until the 15th of the month to complete their payment, at which time the website will display an ‘under construction’ message including a contact form and company information.  On the 1st of the following month, if payment has not been made we will take the website offline.  At that point we may request full payment of our agreement or other acceptable terms.  Any new terms will supersede this agreement in its entirety.

License and Site Access

Foothill Creative grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify any portion of it, except with express written consent of FoothillCreative.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FoothillCreative.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FoothillCreative.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing FoothillCreative.com name or trademarks without the express written consent of FoothillCreative.com. Any unauthorized use terminates the permission or license granted by FoothillCreative.com.

Your Registration Obligations and the Obligations of “Guests”

By using FoothillCreative.com, as a registered user or “guest”, you affirm that you are of legal age, as referenced in the Privacy Policy, to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. For those registered users of FoothillCreative.com, you, the user agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the FoothillCreative.com registration form and (b) maintain and promptly update said Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FoothillCreative.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FoothillCreative.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services provided by FoothillCreative.com, or any portion thereof. All decisions concerning limited access to the site or termination of your account is at Foothill Creative’s sole discretion and all decisions are final unless otherwise notified.

Registrant’s Account Security

When you register with FoothillCreative.com you will select a personalized user name and password. It is solely up to you, the user, to maintain the confidentiality of your password and account. Additionally, you, the user, are solely responsible for all activities that occur under you account and its password. It is your responsibility to inform FoothillCreative.com as soon as possible if you feel your account has been compromised. FoothillCreative.com cannot and will not be liable for any loss or damage arising from your failure to comply with the aforementioned conditions. While FoothillCreative.com takes reasonable steps to ensure “our” users security, FoothillCreative.com cannot be held responsible for the acts of those who gain unauthorized access “our” users’ accounts, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. Further, FoothillCreative.com is not liable for any damages resulting from a third party’s unauthorized access to your personal information.

Member Conduct

You, the user, understand that all Content, which includes but is not limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, the user, NOT FoothillCreative.com, are responsible for all Content that you upload, post, email, link, transmit or otherwise make available on FoothillCreative.com Web-site. FoothillCreative.com does not control the Content posted in its Member areas, areas such as the forum, blog, video, or reviews sections and thus cannot and does not guarantee the accuracy, integrity or quality of such Content. Although FoothillCreative.com makes makes every reasonable effort to police the Content posted or contributed by its members, you understand that you may be exposed to Content that is offensive, indecent or objectionable to your own personal beliefs. Under no circumstances will FoothillCreative.com be liable in any way for any such Content.

The Following Terms Govern Your Use of the Member Areas:

You may not, at any time, upload, post, email, link, Private Message, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

You may not, at any time, impersonate any person or entity, including, but not limited to, the FoothillCreative.com administrator, a forum leader or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You may not, at any time, upload, post, email, link, Private Message, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, this includes, but is not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.

You may not, at any time, upload, post, email, link, Private Message, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights, intellectual or otherwise of any party.

You may not, at any time, upload, post, email, link, Private Message, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or self-promotion.

You may not, at any time, upload, post, email, link, Private Message, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You may not, at any time, intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using FoothillCreative.com.

You may not, at any time, harass other users or make efforts to collect or steal their personal information or data.

You acknowledge that FoothillCreative.com may or may not pre-screen Content, but that FoothillCreative.com and its moderators shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, delete, or move any Content that is available in the FoothillCreative.com Member areas. FoothillCreative.com and its moderators shall have the right to remove any user submitted Content that is deemed inappropriate or offensive. You agree that you, the user, must evaluate and bear all the risks associated with the use of Content submitted by other users. This includes the accuracy, completeness, or usefulness of such Content. FoothillCreative.com is thus not responsible for the validity of its user submitted Content.

Termination of User Account (Be it by the user or by FoothillCreative.com)

You agree that Foothill Creative may, at any time without prior notice, immediately terminate your FoothillCreative.com account and revoke access to the service indefinitely. Termination of your account is synonymous with being ‘banned’ from the FoothillCreative.com website. Being banned from FoothillCreative.com, whether it be on a temporary or permanent basis, may include limitations to accessing FoothillCreative.com, however, a users profile and their posts will not be deleted. Cause for termination from FoothillCreative.com shall include, but is not limited to, (a) violations of the Terms of Service, (b) requests from law enforcement or other government agencies, (c) request by the FoothillCreative.com user, (d) discontinuation of the Service, (e) unforeseen technical or security issues, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal actives, and/or (h) nonpayment of any fees owed by you in connection with the Services. Furthermore, you agree that termination of your account shall be made at FoothillCreative.com’s sole discretion and Foothill Creative shall not be liable to you or any third party for termination of your account, any associated Content, or access to the Service.

Disclaimers of Warranties

Your use of FoothillCreative.com is at your sole risk. The information on FoothillCreative.com is provided on an “AS IS” and “AS AVAILABLE” basis. FoothillCreative.com expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

FoothillCreative.com makes no warranty that: the service will meet your requirements; the service will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the service will be accurate or reliable; the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and finally, any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of FoothillCreative.com, or its Member areas, is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

You, the user, understand and agree that FoothillCreative.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FoothillCreative.com has been advised of the possibility of such damages), resulting from: the use or the inability to use the Website; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Website; or any other matter relating to FoothillCreative.com.

General

No delay or failure to take action under this Terms of Use shall constitute any waiver by FoothillCreative.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. Any claim under these Terms of Use must be brought within one (6) month period after the cause of action arises. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. FoothillCreative.com may freely assign this Terms of Use without consent or notice. This Terms of Use constitutes the complete and exclusive agreement between FoothillCreative.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

FoothillCreative.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms of Use and any such modifications, FoothillCreative.com grants you, the end user, a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

Acknowledgement

You, the user, acknowledge and agree that by reading the Terms of Use that you understand that it acts as an agreement and that said agreement has the same force and effect as a signed agreement.

Contact Information

If you have questions concerning the Terms of Service please contact us.

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