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Effective Date: 08-01-2024

Welcome to engagepointmedia.com (the “Site”), operated by EngagePoint Media, LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our Site and services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site or services.

1. Use of the Site

Eligibility: You must be at least 18 years of age or have the consent of a parent or guardian to use our Site and services. By using our Site, you represent and warrant that you meet this requirement. Compliance: You agree to use the Site in compliance with all applicable laws, regulations, and these Terms. You are responsible for ensuring that your use of the Site does not violate any applicable law or regulation. Account Security: If you create an account on our Site, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.

2. Services

EngagePoint Media, LLC provides digital marketing services, including, but not limited to, website design, SEO, social media management, paid search advertising, and reputation management (collectively, the "Services"). The specific terms and conditions of the Services will be outlined in separate agreements as applicable.

3. Intellectual Property

Ownership: All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, and the design, selection, and arrangement thereof, are owned by EngagePoint Media, LLC or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Site without our prior written consent.

4. User Content

Responsibility: You may be able to post or upload content to the Site, including but not limited to comments, reviews, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it. License: By posting or uploading User Content, you grant EngagePoint Media, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. Prohibited Content: You agree not to post or upload any User Content that is unlawful, defamatory, obscene, abusive, harassing, or otherwise objectionable, or that infringes upon the rights of any third party.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Using the Site for any illegal or unauthorized purpose. Interfering with or disrupting the security, integrity, or performance of the Site. Attempting to gain unauthorized access to the Site or its related systems or networks. Using any automated means, such as robots, spiders, or scrapers, to access the Site for any purpose.

6. Disclaimers

No Warranty: The Site and Services are provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. EngagePoint Media, LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No Guarantee: EngagePoint Media, LLC does not guarantee that the Site will be error-free, secure, or continuously available or that the information provided through the Site is accurate, complete, or current.

7. Limitation of Liability

To the fullest extent permitted by law, EngagePoint Media, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your use of or inability to use the Site or Services. Any unauthorized access to or use of our servers and/or any personal information stored therein. Any interruption or cessation of transmission to or from the Site.

8. Indemnification

You agree to indemnify, defend, and hold harmless EngagePoint Media, LLC, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.

9. Termination

We may terminate or suspend your access to the Site or Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

10. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

11. Changes to These Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us: Mailing Address: EngagePoint Media, LLC5351 E. Thompson Rd. Ste 240 Indianapolis, IN 46237 Phone Number: 877-450-2899 Email: [email protected] Thank you for using EngagePoint Media, LLC. We appreciate your business and look forward to serving you.