Terms of Service

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://marketrefinedmedia.com Website (the “Website”) operated by Market Refined Media, LLC, a(n) Limited Liability Company formed in Georgia, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services and digital products on this website and through our agency. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.

1. Hourly Rate: The hourly rate for work carried out during the normal business hours (9:00 am – 4:00 pm EST, Monday-Friday) will range between $50-125 per hour and be determined before work commences. The agreed hourly rate is to remain confidential between us. Market Refined Media, LLC reserves the right to change this rate periodically, and all active clients will be informed in writing should our rates change during the term of any agreement. All billable, hourly time will be tracked in 15-minute increments.
2. Emergency Hourly Rate and Rush Fee: Emergency work that is required outside of normal business hours, or ahead of previously scheduled work during normal business hours, will be subject to our $100 per hour rate. In addition, project work quoted as a whole (not hourly) and required sooner than our standard 14-day turnaround will be subject to a 25% rush fee.
3. Third Party Vendors: A 15% markup fee will be applied to all projects involving non-MRM service providers. This includes designers, editors, project managers, and developers.
4. Payment: All invoices and financial correspondence are handled by Freshbooks Online accounting software. Payments may be processed either via credit or debit card or bank transfer. Any unpaid invoice more than 14 days old will be subject to a late fee of $25.00.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. We allow you to make purchases using the following third party payment processors: Apple Pay, Braintree, PayPal, WePay and Stripe. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, Visa, and Bank Transfer.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Refund policy

We do not offer refunds on any purchases made on our website. Each product in our store is a digital product and therefore cannot be refunded.

Refund requests on project or contracted work will be evaluated individually and will be subject to the terms of any existing agreement. All deposits made toward our services are non-refundable.

Cancellation policy

We do not offer you the ability to cancel any purchases that you have made of digital products offered on our website. We do not reserve the right to cancel your purchase from our store.

Cancellation of contracted projects or services will be subject to the terms of any existing agreement. In general, unless stated otherwise in writing, all project agreements are subject to the following cancellation policy:

• Should a client wish to cancel a project once the work is in progress, this request must be given in writing at the earliest availability. The client will be responsible for all billable time and project expenses up to that point.
• If MRM has presented a project proposal only, and no billable work has begun, the client will be responsible for a $75 cancellation fee and will forfeit any deposit already paid.

Advance payments

We may ask you to provide an advance payment on our services and digital products offered on our website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.

We reserve the right to cancel your purchase, and we may not refund advance payments or deposit already paid. Each refund request is subject to the terms of any existing agreement for the project or services to be provided by our agency.

We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on this website, via the website directly. We do ask that all cancellation or refund requests be submitted in writing via email to [email protected].

Deposits

We may ask you to provide a deposit for purchases made of the services and digital products offered on our website. Most contracted projects or services require a 30% deposit. A deposit is a payment made to reserve the promised services and digital products.

All deposits are non-refundable.

We do ask that all questions related to your deposit be submitted in writing via email to [email protected].

NO WARRANTY ON PURCHASES

The items or services displayed or sold on this website are provided “as is”. No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose of use) shall apply to any items or services displayed or sold on this website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this website. We may experience delays in updating information on this website and in our advertising on other websites. The information, products and services found on the website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable due to our error. We expressly reserve the right to correct any pricing errors on our website.

The inclusion or offering of any product or service on this website does not constitute an endorsement or recommendation of such product or service by us.

We offer no guarantee that our work will be error-free (we’re human!); therefore we assume no liability to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. We do offer a guarantee that we will make every fair and honest effort to resolve any issue brought to our attention in a timely and professional manner.

DAMAGES AND LIMITATION OF LIABILITY

In no event shall Market Refined Media, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website or with the delay or inability to access, display or use this website, including by not limited to your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if Market Refined Media, LLC has been advised of the possibility of such damages.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms of use is found to have failed of its essential purpose. The limitations of liability provided in these terms of use inure to the benefit of Market Refined Media, LLC. The aggregate liability of Market Refined Media, LLC, arising out of or relating to this website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Market Refined Media, LLC by you.

WORK QUEUE & WAITLIST

Currently, the Market Refined Media, LLC work queue is booked a minimum of 6 weeks in advance for most contracted projects. A 30% deposit, unless agreed otherwise, is required to hold your place in the order of our queue. We offer no guarantee to the order your project will be completed, or the promised timeframe for the work, if a deposit has not been made.

Hourly tech support or content changes requiring more than an hour of billable time should be requested and scheduled a minimum of 14 days in advance when possible. Any billable work requests requiring a more urgent delivery of product or services will be subject to our rush fee.

Projects with accepted agreements and paid deposits will remain in our work queue until the promised start date for the product or service. Market Refined Media, LLC will make every fair and reasonable effort to provide direction to the client, user, or purchaser during this wait time in preparation for the contracted product or service. We make no guarantee of availability to the client, user, or purchaser during this time.

DELAYED OR DORMANT PROJECTS OR SERVICES

Any project that fails to meet outlined or agreed-upon milestones or assigned due dates by more than 5 business days, without reasonable cause or communication, will be subject to a 5% increase of the total project fees. Contracted projects that are dormant for a period longer than 30 days will be subject to a $100 reactivation fee and will be placed back in the work queue in order of Market Refined Media, LLC availability.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2012 – 2023 Market Refined Media, LLC or third parties. All rights reserved. Unless specified otherwise, this website and all content and other materials on this website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Market Refined Media, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Market Refined Media, LLC or third parties in the United States and/or other countries.

The design concepts, artwork, graphics, documents and content of any active project or service are the property of Market Refined Media, LLC and are protected by applicable copyright and unfair competition laws until final project payment is made. No material may be copied, used, reproduced, posted, altered, distributed, shared, or transmitted in any way without the express written consent of Market Refined Media, LLC until copyright and ownership are transferred from Market Refined Media, LLC to the client, user, or purchaser. All copyright and ownership terms will be set in the existing service contract or agreement.

If you are aware of a potential infringement of our intellectual property, please contact Mandy Roberson at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Market Refined Media, LLC
Mandy Roberson
[email protected]
(706) 406-0278
193 Cleo Circle
Ringgold GA 30736
UNITED STATES

COMMUNICATION & CONSULTATIONS

Our preferred method of contact is via email to [email protected] or via the contact form found here. This includes all requests for website or email tech support, website content changes, services or products, changes in timeline for an established project or service, or for any additional service or product provided by our agency. Please allow 24-48 hours for response to all requests. Any project, service, or product requiring our attention more promptly than the 24-48 hour response time will be subject to our emergency hourly rate. If a phone or web call is necessary for any of these requests, the call is subject to our availability and will be billed at $65 per hour. All calls are held via Zoom, or Google Meet when applicable.

Most contracted services or products will be limited to 2 hours of consultation time, to include phone calls and email correspondence. Any communication or planning time beyond these hours, necessary to initiate or advance the project, will be billable at our normal hourly rate.

Accounts

When you create an account on our website or any of our third party applications or services, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on this website or the third party websites or applications.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through your account on the website.

Comments and uploading content

By submitting a comment or uploading content onto this website, you grant Market Refined Media, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our website:

• Content that harasses others;
• Content that is discriminatory or offensive;
• Swearing, name calling and otherwise abusive content;
• Pornographic and sexually explicit content;
• Content displaying, depicting or suggesting violence;
• Content that exploits or abuses children;
• Content encouraging or committing illegal acts;
• Content sharing personal information without consent;
• Content infringing on someone’s rights, including intellectual property rights;
• Content advertising products or services without our permission;
• Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Market Refined Media, LLC or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the website, or which, as determined in our sole discretion, may harm us or the users of this website or expose us or other users to liability;
5. Using the website in any manner that could disable, overburden, damage or impair the website or interfere with another party’s use of the website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the website for any purpose, including monitoring or copying any of the material on this website;
7. Using any manual process or means to monitor or copy any of the material on this website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the website, the server(s) on which the website is stored, or any server, computer or database connected to the website;
10. Attempting to attack or attacking the website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the website;
12. Using the website in any way that violates any applicable federal, state or local laws, rules or regulations.

Links to third party websites

This website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Read our Affiliate Disclosure here.

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Georgia, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our website, and supersede and replace any prior agreements we might have had with you regarding the website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Catoosa County, Georgia.

YOU AND MARKET REFINED MEDIA, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

• repair;
• replacement;
• price reduction;
• reject the goods, services or digital products.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].

LAST UPDATED: November 20, 2023