The following terms and conditions govern all use of the XRM, services and products available at or through XRM and Image Building Media, LLC. XRM, and all services by Image Building Media, are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site.
Please read this Agreement carefully before accessing or using XRM. By accessing or using any part of the XRM, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access XRM or use any services. XRM is available only to individuals who are at least 13 years old.
By signing up to receive the Monthly Market Report you agree to retain the XRM copyright on the market report. If you have a Semi-Custom plan, you may edit the articles.
You further agree that you are responsible for your website’s backup and keeping the WordPress plugins up to date.
Website plans include premium software for web design and SEO. They do not include web design and SEO services, other than those that are included in the plan details.
Websites on the Pro plan cannot be migrated to another hosting company since they are built using a template.
Websites on a Semi-Custom or Custom plan can be moved anytime if the provider supports the technology. In addition to the hosting fee of the new provider, the website owner may need to purchase the premium software used by the website. The website design, databases, stores, or programs created by XRM are the property of XRM until the client has paid all fees including one full year of the monthly XRM website fee, after which ownership of the site may be transferred to the client’s control upon receipt of the written request.
Fees and Payment
You agree to pay Image Building Media agreed upon fees. Design and content fees are usually invoiced monthly. Fees for maintenance and hosting, CRM, social media software, etc. are typically paid via a monthly subscription.
“Lifetime” shall be defined as for as long as Image Building Media provides the specified service to its clients, at the discretion of Image Building Media. Lifetime subscriptions are not transferable to any other entity, person, for any reason, in any way, or under any circumstance whatsoever.
Promotions / Promo Codes
Promo Codes may be available for Image Building Brands from time to time.
To redeem the online promotion, enter the Promo Code at checkout or when placing an order. A business or individual may use an Image Building Media promo code only once per Brand. Sales tax, shipping & handling do not qualify for discount. Promo Codes are not redeemable for cash or gift cards, nor are they valid toward previous purchases. Promo Codes may not be combined with any other promotions, discounts or offers. Void if altered, copied, transferred, auctioned or sold. Promo Codes are not valid for prior purchases. Other restrictions may apply. No Cash Value.
Your XRM Account
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Image Building Media of any unauthorized uses of your account, or any other breaches of security. Image Building Media will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Spam is forbidden. We have zero tolerance for spam in any form.
Content must be lawful in accordance with local, state, and federal laws. You may not use XRM for any illegal or unauthorized purpose. You must not, in the use of the XRM, violate any laws in your jurisdiction (including but not limited to copyright laws).
Image Building Media reserves the right to refuse service if it feels any type of content generated by an XRM account is offensive, such as pornography.
You are responsible for all content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
Once you subscribe to an XRM plan, we send email notifications relating to your account, including processing of payments. We also send out emails relating to changes and updates to XRM, which can include video tutorials as new features are added.
You can unsubscribe from any of the email campaigns at any time. The option to unsubscribe is at the bottom of each email.
XRM cannot issue a refund for any previous billing periods. Once you cancel an account, you will not be charged again.
Termination of Account
You may terminate your account with XRM at any time; however, you are not entitled to any refunds. We may terminate your account without notice for violating this agreement. If your account is terminated, XRM reserves the right to remove your account information along with any software settings from the servers with NO liability or notice to you.
Disclaimer and Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, COMPANY DOES NOT MAKE ANY WARRANTY REGARDING SERVICE, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH SERVICE, INCLUDING INTEGRATION WITH SOCIAL MEDIA PLATFORMS. SERVICE IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND BOTH COMPANY AND SERVICE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, SUPPORT, DOCUMENTATION, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF SERVICE; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY THAT SERVICE WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR USER CONTENT OR THE BEHAVIOR OF SOCIAL MEDIA PLATFORMS. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY SERVICE, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN SERVICE OR THE INTEGRATION WITH SOCIAL MEDIA PLATFORMS, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF SERVICE OR SOCIAL MEDIA PLATFORMS, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE SERVICE OR SOCIAL MEDIA PLATFORMS, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO COMPANY BY OR ON BEHALF OF USER IN CONNECTION WITH SERVICE IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH SERVICE, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT USER’S SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold harmless Image Building Media, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of XRM, including but not limited to your violation of this Agreement. Use our service at your sole risk.
This agreement constitutes the entire agreement between Image Building Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Image Building Media, or by the posting by Image Building Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of XRM will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tampa, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Tampa, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Image Building Media may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.