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The following terms ("Terms of Use") constitute an agreement between Frink Enterprises, LLC dba Real Marketing Solutions. ("RMS"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by RMS ("Website"), located at http://realmarketingsolutions.net.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. RMS reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PURCHASE POLICIES On the Website, you may purchase downloadable or virtual products, such as courses or other information products. ("Products").

The Products may reference social media channels such as YouTube, Instagram, or Facebook. RMS and the Products are not associated with, supported by, or endorsed by YouTube, Instagram, or Facebook, their parent companies or affiliates.

Refund Policy RMS does not offer refunds on the Products. License for Use of Products All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or distributed for personal or commercial use of others without permission from RMS.

PRIVACY POLICY

What Personal Information Does the Website Collect and How Is This Personal Information Used? The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters, purchasing a product, or for the purpose of leaving comments.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google's Analytics privacy policies, please visit this site.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

The Website may engage in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Website may use a scheduling software, such as Google Calendar, to service its online scheduling and calendar. Personal information, such as name and email address, is collected for purposes of scheduling and communication.

The Website uses PayPal to service its ecommerce platform. Personal information, such as name, address, phone number, and email address, is collected for purposes of client communication for order fulfillment.

From time to time, the website may engage in remarketing efforts with third-party companies, such as Google, Facebook, Instagram, or LinkedIn, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information

The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of MailChimp for delivery of email updates. MailChimp's use of your personal information is subject to MailChimp's privacy policy.

As discussed above, the Website uses PayPal for its ecommerce platform. All personal information entered into PayPal will be subject to PayPal's privacy policy.

As discussed above, the Website uses Google Calendar to schedule appointments. All personal information entered into Google Calendar may be transferred to RMS for the purpose of scheduling appointments and contacting you for these appointments.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Website Share the Personal Information It Collects?

Except when required by law, the Website will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.

RMS may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information You can decline to submit personal information at any time. If you decline, RMS may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to sarah@realmarketingsoluntions.net, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

CHILDREN'S INFORMATION The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately sarah@realmarketingsoluntions.net and RMS will use its best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC. Frink Enterprises, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

DISCLAIMER

RMS has made every effort to ensure that all information on the Website have been tested for accuracy. RMS makes no guarantees regarding the results that you will see from using the information provided on the Website or in the Products.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. RMS makes no guarantees regarding results, present or future. RMS is not responsible for your earnings, income, sales, or any other business performance as a result of this Agreement.

From time to time, RMS may publish content related to social media platforms, such as Facebook, YouTube, or Instagram. All information provided on the Website or in the Products uses techniques and methods that have proven successful in the past, in accordance with reasonable industry standards. This does not, however, guarantee that they will be successful for your business. Because every audience and product is different, RMS cannot guarantee specific performance using the methods outlined in the Products or on the Websites.

YOUR RESPONSIBILITY The Website and the Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. RMS makes no representations, warranties or guarantees. You understand that results may vary from person to person. RMS assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE Unless otherwise stated, RMS owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.  Users are permitted to share content on social media channels, as long as a link to the Website is included.

 

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of RMS's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to RMS.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without RMS's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without RMS's express written permission.

COPYRIGHT

Unless otherwise noted, the Products and all Website content, including the Website’s design, are copyrights owned by RMS or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS RMS's trademarks and trade dress may not be used in connection with any product or service that is not RMS's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits RMS or Sarah Frink. From time to time, the Website will legally utilize trademarks owned by third parties related to RMS's services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS You grant RMS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant RMS the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or RMS or a third party.

RMS reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on RMS's servers; or, (iii) hosted or published on the Website. RMS takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding RMS's rights under the Terms of Use, RMS does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMENT POLICY The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or RMS;
  • spam;
  • hate speech;
  • defamatory to RMS or any third party;
  • reference illegal acts; or,
  • violate the legal rights of a third party.

RMS's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

COMMUNICATION If you send RMS an email, register to use the Website or provide your email to RMS in any other way, you consent to receive communications from RMS electronically. You agree that all legal notices provided via electronic means from RMS satisfy any requirement for written notice.

THIRD PARTIES The Website contain links to third-party websites that are not governed or controlled by RMS. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. RMS assumes no control or liability over the content of any third-party sites. You expressly hold harmless RMS from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold RMS harmless from any and all liability in any dispute.

NO WARRANTIES The Website are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. RMS makes no representations or warranties in relation to the Website or the information and materials provided therein.

RMS makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. RMS is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

RMS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold RMS, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which RMS suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Pierce County, Washington. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without RMS's prior written consent, however, the Terms of Use may be assigned by RMS in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by RMS. All notices with respect to the Terms of Use must be in writing and may be via email to sarah@realmarketingsoluntions.net for RMS and to your email address.