Terms of Use

Last modified: September 2024

  • Terms of Use Summary
  • General Provisions
  • Privacy Statement
  • Service Interruption
  • Services
  • Liability Limitation
  • Payment Terms
  • Acceptable Use
  • Proprietary Rights
  • Copyright & Content Ownership
  • GDPR Compliance
  • Email Marketing
  • Website Maintenance
  • Termination
  • No Warranties
  • ADA Compliance
  • Assignment
  • Notices
  • Modification of Services
  • Cancellation Policy
  • Governing Laws

Welcome to Goma Marketing. Goma Marketing provides marketing programs, tools, and advice to help businesses grow through digital marketing.

Terms of Use Summary

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE. These Terms constitute a legally binding agreement between you and Goma Marketing, LLC.. By accessing and using the services provided by Goma Marketing (“Services”), you agree to be bound by these Terms, including warranty disclaimers, limitations of liability, and termination provisions. If you do not agree with any part of these Terms, please do not use the Services or this site.

MODIFICATIONS TO TERMS
Goma Marketing reserves the right to modify or update these Terms at any time. Any updates will be posted on www.gomamarketing.com/terms-of-use/. The modified Terms will become effective five business days after posting. Continued use of the Services after modifications indicates acceptance of the new Terms.

1. General Provisions

By using Goma Marketing services, you agree to comply with all applicable laws and regulations. You acknowledge that the service provider (“we”, “us”, “our”) does not guarantee any specific outcomes from the use of its services and agrees to hold Goma Marketing harmless from any claims related to the use of these services.

2. Privacy Statement

Goma Marketing will not rent, sell, or misuse client data. All client information will be handled with strict confidentiality.

3. Service Interruption

Goma Marketing does not guarantee uninterrupted service. Interruptions may occur due to factors beyond our control, and no refunds or credits will be provided in such instances.

4. Services

Goma Marketing agrees to provide marketing services either directly or through affiliates. Service fees are non-refundable unless otherwise specified.

5. Liability Limitation and Website Disclaimer

Goma Marketing shall not be liable for any damages, including but not limited to loss of data, profits, or service interruptions, even if advised of the possibility of such damages. Services are provided “as is” without warranties of any kind. Goma Marketing does not guarantee that websites will remain operational, free from errors, or secure from breaches. Clients are responsible for maintaining up-to-date backups of their website data and ensuring proper security measures are in place. Goma Marketing disclaims all liability for any website downtime, hacking, or data loss.

6. Payment Terms

You agree to provide a valid payment method for services. Payments are due before the service period renewal, and accounts in default may be suspended or terminated.

7. Acceptable Use

Clients agree to use Goma Marketing services responsibly and in compliance with applicable laws. Any misuse of the service that could create liability for Goma Marketing may result in termination.

8. Proprietary Rights

Goma Marketing owns all proprietary content associated with the services, including trademarks, service marks, and any intellectual property created in the course of delivering the services.

9. Copyright and Content Ownership

You retain ownership of any content you provide to Goma Marketing for use in your website or marketing campaigns. By providing content to Goma Marketing, you grant us a non-exclusive, worldwide license to use, reproduce, modify, and distribute your content solely for the purpose of providing the services.

You represent and warrant that you have the right to use any content you provide and that it does not infringe any third-party intellectual property rights.

Goma Marketing shall not be liable for any copyright infringements or legal claims arising from content provided by you.

10. GDPR Compliance

Goma Marketing is committed to protecting your privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to the collection and processing of your personal data in accordance with our Privacy Policy.

You have the right to request access to the personal data we hold about you, request corrections, or request deletion of your data. For more information about your rights and how we handle personal data, please see our Privacy Policy.

Note: Goma Marketing will not share your personal data with third parties without your explicit consent unless required by law.

11. Email Marketing (CAN-SPAM Act Compliance)

Goma Marketing complies with the requirements of the CAN-SPAM Act for all email marketing campaigns. By using our email marketing services, you agree to ensure that all email recipients have provided valid consent to receive emails.

All email communications must include:

  • A clear and conspicuous opt-out mechanism.
  • Accurate email header information (e.g., “From” and “Reply-To” addresses).
  • A valid physical postal address.
    Goma Marketing reserves the right to terminate services for any client found to be in violation of the CAN-SPAM Act or engaging in unsolicited email practices

12. Website Maintenance and Security

Goma Marketing does not perform ongoing website maintenance unless otherwise agreed upon. Clients should ensure that their websites are regularly updated and maintained. Goma Marketing is not responsible for any security breaches or data loss unless covered by a separate agreement.

13. Termination

We reserve the right to terminate accounts at our sole discretion for violations of these Terms or for failure to meet payment obligations.

14. No Warranties

All services are provided without any warranties. Goma Marketing is not responsible for any service interruptions, data loss, or website issues.

15. ADA Compliance

While websites are developed with ADA compliance in mind, Goma Marketing does not guarantee full compliance. ADA requirements may evolve, and we are not obligated to update sites retroactively.

16. Assignment

Clients may not assign rights under these Terms without prior written consent from Goma Marketing. Goma Marketing reserves the right to assign its rights.

17. Notices

All notices under this agreement must be in writing and will be deemed delivered if sent via email, fax, or first-class mail.

18. Modification of Services

Goma Marketing reserves the right to modify or discontinue services at any time without notice.

19. Cancellation Policy

Clients may cancel their subscription at any time, but no refunds will be given for any prepaid fees.

20. Governing Laws and Dispute Resolution

This agreement is governed by the laws of the state of Utah, and any disputes will be submitted to arbitration before instituting litigation.