Welcome to STU Enterprises Internet Marketing Services
These terms and conditions outline the rules and regulations for the use of STU Enterprises’ Website.
STU Enterprises Internet Marketing Services is located at:
0210 Tanager Drive
Glenwood Springs, CO 81601
Terms and Conditions
The Website utilizes third party Software, tools, and data collection elements, including but not limited to Google Analytics, Raven Tools, and Moz Pro to aid in the Online Services completion process. These services will record mouse clicks, downloads, and new text typed onto the Clients’ web properties. These third party tools do not track personally identifiable information entered into the Clients’ web properties, nor do they track habits throughout the Internet across other web properties. For more information on this topic, please visit Google’s Policies Page. The Client may choose to disable any of the third party tools or software services by contacting STU Enterprises directly on the Contact Page. The disabling of any of these third party tools may immediately terminate the Agreement as those actions will hinder the Online Services completion process with STU Enterprises.
DESCRIPTION OF THE ONLINE SERVICES
STU Enterprises provides the Client with the Online Services, including, but not limited to pay-per-click advertising, search engine optimization marketing services, social media management, advertising, and paid services, original content development services, original link building services, and web property management services. Unless otherwise stated, any augmented services, third party tools, or new features that enhance the Clients’ current Online Services will be subject to the Agreement as well.
STU Enterprises owns and retains all proprietary rights to the Online Services. The Website contains the copyrighted materials, trademarks, and other proprietary information of STU Enterprises and its licensors. Except that information that is in public domain or for which the Client has expressed written consent, the Client agrees not to reproduce, duplicate, copy, sell, trade, resell, modify, publish, transmit, distribute, perform, display, create derivative works, or exploit for any commercial purposes, any portion of the Online Services, use of the Online Services, or access to the Online Services and the coding that powers the Online Services (hereafter, sometimes the Software). The Client may not post, distribute, reproduce, or create derivative works in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. As between the Client and STU Enterprises, the Client owns all right, title, and interest in its logos and trademarks, so long as they are not derived from the proprietary information of STU Enterprises. The Client agrees to, and hereby does grant STU Enterprises the limited, nonexclusive, right and license to reproduce, distribute, display, and use any of the Clients’ content and intellectual property as necessary to perform its obligations under the Agreement. The Client also grants STU Enterprises a license to use its name and logo in STU Enterprises’ marketing materials and customer lists, including on STU Enterprises’ website.
The Online Services are made available to the Client for its promotional use only. Due to the Children’s Online Privacy Protection Act of 1998, the Client must be at least thirteen (13) years of age to use the Online Services. The Client must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Online Services. The Client is responsible for maintaining the confidentiality of its Online Services passwords and accounts, if applicable, and is responsible for all activities that occur thereunder. STU Enterprises reserves the right to refuse service to anyone at any time without notice for any reason.
The Client agrees that he/she is responsible for his/her own communications and for any consequences thereof. The Clients’ use of the Online Services is subject to its acceptance of and compliance with the Agreement. The Client agrees that he/she will use the Online Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from its country of residence. The Client shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Online Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by STU Enterprises in its sole discretion; (b) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Online Services; or (d) use the Online Services for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of the Agreement, and may subject the Client to state and federal penalties and other legal consequences. STU Enterprises reserves the right, but shall have no obligation, to investigate the Clients’ use of the Online Services in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
BLOCKING IP ADDRESSES
In order to protect the integrity of the Online Services, STU Enterprises reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
MODIFICATIONS TO THE ONLINE SERVICES
STU Enterprises reserves the right at any time to modify or discontinue, temporarily or permanently, the Online Services (or any part thereof) with or without notice. The Client agrees that STU Enterprises shall not be liable to the Client or to any third party for any modification, suspension, or discontinuance of the Online Services.
DISCLAIMER OF WARRANTIES
STU Enterprises expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. STU Enterprises makes no warranty that the Online Services will meet the Clients’ requirements or that the Online Services will be uninterrupted, timely, secure, virus-free, error-free, accurate, or reliable. STU Enterprises does not make any warranty that any defect in the Online Services will be corrected. No advice or information, whether oral or written, obtained by the Client from STU Enterprises or the Online Services shall create any warranty not expressly made herein.
The Online Services, including the Website, are provided to the Client on an as is and as available basis. Any material and/or data obtained or downloaded through the Online Services is done at the Clients’ own risk and he/she will be solely responsible for any damage caused by such material or data including any loss of data or damage to his/her computer system or business network.
The Client agrees that he/she must evaluate, and bear all risks associated with, the use of the Online Services, including any reliance on the accuracy, completeness, or usefulness of the Online Services. In this regard, the Client acknowledges that he/she may not rely on any content created by STU Enterprises or submitted to STU Enterprises and all other parts of the Online Services. Use of the Website and the Online Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. STU Enterprises cannot and does not guarantee compatibility with other systems and hardware.
THIRD PARTY CONTENT
Certain content, products, and services available via the Online Services may include materials from third parties. In addition, STU Enterprises may provide links to certain third-party websites. The Client acknowledges and agrees that STU Enterprises is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to the Client. Because STU Enterprises has no control over such sites and resources, the Client acknowledges and agrees that STU Enterprises is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The Client agrees that he/she will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that STU Enterprises is not in any way responsible for any such use by the Client.
LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will STU Enterprises be liable to the Client or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if STU Enterprises has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Online Services; (b) the cost of procurement of substitute goods and services resulting from the Clients’ inability to access or obtain any goods, data, information, or services through or from the Online Services; (c) unauthorized access to or alteration of the Clients’ transmissions or data; (d) statements or conduct of any third party on the Online Services; or (e) any content posted on the Website or transmitted to the Client or other users of the Online Services; or (f) any inaccurate or out-of-date content produced by the tools or published on the Website; or (g) any other matter relating to the Online Services. Notwithstanding any provision to the contrary, STU Enterprises’ liability to the Client for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Client to STU Enterprises in the twelve (12) months prior to the claimed injury or damage.
INDEMNITY BY THE CLIENT
The Client agrees to indemnify and hold STU Enterprises, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Online Services in violation of the Agreement and/or arising from a breach of the Agreement and/or any breach of the Clients’ representations and warranties and/or the Clients’ negligent or willful acts, and/or the violation by the Client, of STU Enterprises’ or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Online Services. The Client’ obligation to indemnify will survive the expiration or termination of the Agreement by either party for any reason.
The Client agrees to hold STU Enterprises’ confidential information in confidence during the term of this Agreement and for a period of four (4) years after termination of the Agreement. The Client agrees that, unless required by law, the Client will not make STU Enterprises’ confidential information available in any form to any third party or use STU Enterprises’ confidential information for any purpose other than the implementation of the Agreement. If the Client is required by law to disclose STU Enterprises’ confidential information, the Client will provide STU Enterprises with reasonable notice of the Clients’ intent to comply and provide all reasonable cooperation in assisting STU Enterprises to minimize the disclosure.
Confidential information means any information disclosed by STU Enterprises to the Client under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered confidential information, regardless of whether they are marked as such: any software or documentation related to the Online Services, including the Website, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential information shall not include information that: (a) is or becomes generally available through no act or omission of the Client; (b) was in the Clients’ lawful possession prior to the disclosure and had not been obtained by the Client either directly or indirectly from STU Enterprises or (c) is lawfully disclosed to the Client by a third party without restriction on disclosure. In the event that the Client becomes aware of an unauthorized use or disclosure of any STU Enterprises’ confidential information, the Client will promptly inform STU Enterprises and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.
TERM AND TERMINATION
The Agreement will remain in full force and effect while the Client uses the Online Services. The Client may cancel his/her use of the Online Services at any time, for any reason by providing notice to STU Enterprises 30 days prior to stopped services by completing the form on the Contact Page (see contract terms). STU Enterprises may, at any time and for any reason, terminate the Agreement, the Clients’ account or the Clients’ use of the Online Services by sending notice to the Client at the email addressed to his/her email account or by US Mail or courier service to the address the Client provided for the Online Services. All notices to the Client shall be deemed effective on the first calendar day following the date of electronic mailing or on the fifth calendar day following the date of first-class mailing or deposit with a commercial courier service. In the event of termination, the Clients’ account will be suspended and disabled and the Client may not be granted access to his/her account or any files or other content contained in the Clients’ account unless otherwise deemed so. If STU Enterprises terminates the Clients’ use of the Online Services because the Client has breached the Agreement, the Client will not be entitled to any refund of unused fees that the Client has paid to STU Enterprises. Sections of the Agreement relating to (a) the Clients’ account, password and security, (b) disclaimer of warranties and limitation of liability, (c) indemnification, (d) confidentiality and proprietary information, and (e) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.
JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of the Online Services, the Client expressly agrees that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of laws provisions, and the Client expressly agrees and consents to the exclusive jurisdiction and venue of the state and federal courts of the State of Colorado, in Garfield County, for the resolution of any such dispute.