terms of service

By using PeytonDigital, (“PeytonDigital”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

PeytonDigital reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://peytondigital.com/terms-of-service/

Violation of any of the terms below will result in the termination of your Account. While PeytonDigital prohibits such conduct and Content on the Service, you understand and agree that PeytonDigital cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Offer details for reoccurring monthly billing for specific lead generation services only. All other services that may include search engine marketing (SEM) exclusive services will be governed by a separate contract.

PeytonDigital will automatically bill your credit card that you provided us during registration for the agreed budget per month, and each month thereafter. You are responsible via email or online stating which level of your budget and campaign you wish to use. This agreed charge will appear as a debit by “PeytonDigital” on your credit card statement. You have the right to cancel any time by calling the toll -free number provided in the Terms and Conditions or email us at support@PeytonDigital.com. You may change your budget at anytime. All monthly budgeted spends are non-refundable.

Account Terms
1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for paying accounts.
2. If account setup is required (a landing page), the monthly fee will be do in full on the first day of the lead generation campaign. A non-refundable deposit for setup will be required. These terms are spelled out in advance in an initial transmittal email between the parties.
3. When purchasing a set budget on monthly basis, the funds are immediately debited from your financial institution and are non-refundable. In order to cancel your account, you must notify us before your next scheduled monthly payment.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Search Engine Listings
1. Our guarantee to place your ad on the specified search engines may not always appear for the full day. This is dependent on the monthly ad spend budget you select.
2. In the unlikely event that your industry is too competitive, your ad may not appear on the first page of results.

Cancellation and Termination
1. You are solely responsible for properly cancelling your account.
2. PeytonDigital, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PeytonDigital service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. PeytonDigital reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices
1. PeytonDigital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to the cost of ad credits, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
3. PeytonDigital shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. Landing pages provided to client at no charge are and will remain the property of PeytonDigital. Client agrees not to copy or plagiarize any and all parts of the provided landing pages.

Services Issues and Maximum Liability
PeytonDigital is providing a 24 hour per day seven days per week continual service to you its client. If at any time during this relationship, the user deems the service to the user is unsatisfactory OR there is a service issue, the user must notify in an email to support@PeytonDigital.com detailing the reasons for the service problem or issue and a description of the service issue. This notice via email is to be sent NO LATER THAN FIVE DAYS after the supposed incident occurs. Any notification of service issues must be acknowledge by PeytonDigital before acceptance of any notice(s) by the user. The user has five days to notify PeytonDigital if they are not satisfied with their service for any reason. PeytonDigital will only credit the user for up to five days once it is determined that the user did not receive the service per the terms and conditions as agreed. Unless PeytonDigital is not notified of any service issues, the user agrees that the user is satisfied with PeytonDigital on a daily basis unless PeytonDigital is notified of any dissatisfaction or service issue per the terms of liability and notification. The user of the service agrees and understands that PeytonDigital maximum liability in all cases is limited to five days (5) of billings or the monthly charge divided by 30 times 5 days.

General Conditions
1. Technical support is only available via email, unless otherwise stated in your plan (we try to respond within 1-2 days).
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PeytonDigital.
3. PeytonDigital does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
4. You expressly understand and agree that PeytonDigital shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PeytonDigital has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
5. The failure of PeytonDigital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PeytonDigital and govern your use of the Service, superseding any prior agreements between you and PeytonDigital (including, but not limited to, any prior versions of the Terms of Service).
6. You agree and understand that PeytonDigital may at anytime remove your ads and cancel your account if PeytonDigital deems that your ads that are not in complaint with search engine advertising standards and policies.
7. These terms and conditions are governed by the laws of the State of California.
8. In any court action at law or equity, which is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, in addition to any other relief to which that party may be entitled.
9. You understand that PeytonDigital.com is a dba and owned by Peyton Investments, Inc.

Questions about the Terms of Service should be sent to support@PeytonDigital.com

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