3rd Eye Media Website and Company Terms Of Service Effective 2/18/2023 At 3rd Eye Media, we specialize in providing complete full service website management services to our clients. We understand that managing a website can be time-consuming and technically challenging, which is why we offer a full service experience to make things easier for you. Our team of experts has years of experience in website design, development, and maintenance, and we're committed to staying up-to-date with the latest industry trends and best practices. When you work with us, you can rest assured that your website is in good hands. We use the latest tools and technologies to ensure that your website is fast, secure, and user-friendly, and we work closely with you to understand your unique needs and goals. Whether you need help with website design, content creation, SEO, updates or anything in between, we're here to help. We take care of your website so that you can focus on what you do best. Your website is exclusively managed and hosted by 3rd Eye Media and their affiliate servers. We do not claim ownership of any of your intellectual property such as names, content, images, music, videos. 3rd Eye Media is acting as a website service for our clients to represent their website using our website platform. 3rd Eye Media claims ownership of the web design, template, style and interface. You are paying yearly to access our web amenities and have 3rd Eye Media and team take care of your website. If in the event you would like to cancel your website, a 30 day notice with reason for cancelling must be sent to firstname.lastname@example.org if the website is canceled the website will become permanently deleted and null. If you would like to transfer domains to a new platform then a transfer fee of $500 will apply. Transfers may take up to 60 days to fully complete in some cases. We do not own your domain, 3rd Eye Media is leasing your domain yearly from our domain affiliates for the use of your website on our platform. If the website is canceled the domain will eventually return back into the open web for purchase by any platform. A yearly domain and renewal of service must be purchased each year to continue service. The price for these renewals vary. A 30 day notice prior to renewal will be sent out with current renewal rates. Rates are subject to change, increase or decrease from previous years. We believe in keeping increases within fair ranges. The most current pricing will be made available 30 days prior to renewal. If renewal payment is not met on the due date your website will become canceled, deleted and null. Monthly Web clients Late policy: If in the event your website payment is more than 14 days late, 3rd Eye Media reserves the right to automatically cancel your website for non-payment. After 7 days of being late your website will become suspended. If a reactivation from suspension is necessary a $100 reactivation fee will apply in addition to the regular $50 late fee. All sales are final, no refunds or credit at any time UNDER ANY CIRCUMSTANCE. If canceled before the year is over with your service, no refund or proration will be issued. all sales are final, no refunds or credit at any time UNDER ANY CIRCUMSTANCE.
Service Guarantees: At 3rd Eye Media, we strive to provide our clients with the highest level of service, but there may be times when our services are interrupted for maintenance or upgrades. While we make every effort to minimize the impact of these interruptions, they may be necessary to ensure the continued reliability and security of our services. However, there may be situations where unscheduled maintenance or upgrades are necessary, and in these cases, we may need to temporarily interrupt our services. By using our services, you acknowledge and accept that there may be interruptions in service for maintenance or upgrades, and that we are not liable for any damages or losses that may result from these interruptions. A notice may or may not be given of these interruptions. At 3rd Eye Media, we are committed to providing our clients with high-quality website management services, but we may need to transfer your services to another company at some point. This may be necessary in the event of a merger, acquisition, or other corporate transaction, or if we determine that another company is better equipped to provide the specific services you require. By using our services, you acknowledge and agree that 3rd Eye Media reserves the right to transfer your services to another company at any time, and that we will provide notice of any such transfer as soon as practicable. If your services are transferred to another company, we will work with that company to ensure a smooth transition and minimal disruption to your service. However, we cannot guarantee that the new company will provide the same level of service, and we are not liable for any damages or losses that may result from the transfer of services to another company.
At 3rd Eye Media, we take the privacy of our clients very seriously. This policy outlines how we collect, use, and protect your personal information.
Information We Collect: We collect personal information from our clients when they use our services. This may include your name, contact information, and other details related to the services we provide. We may also collect information about your use of our website or services through cookies and other tracking technologies.
Use of Information: We use the information we collect from our clients to provide and improve our services. This may include communicating with you, processing payments, and providing technical support. We may also use your information to send you promotional offers or other communications related to our services.
Protection of Information: We take reasonable measures to protect the personal information of our clients. We use industry-standard security protocols to prevent unauthorized access to your information. We do not sell or share your personal information with third parties, except as required by law.
Client Responsibilities: Our clients are responsible for protecting their own personal information. We recommend that you use strong passwords and keep your login credentials confidential. If you become aware of any unauthorized access to your account, please notify us immediately.
Governing Law and Jurisdiction:
This agreement and any disputes or claims arising out of or in connection with it shall be governed by and construed in accordance with the laws of Southern Illinois Williamson County where 3rd Eye Media is registered, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or in connection with this agreement shall be brought exclusively in the courts located in Southern IL where [3rd Eye Media] is registered. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts located in Southern Illinois and waives any objection to venue or forum non conveniens.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This agreement constitutes the entire agreement between 3rd Eye Media and its clients and supersedes all prior agreements and understandings, whether written or oral.
By using our services, you agree to be bound by the terms of this agreement, including its governing law and jurisdiction provisions.
Dispute Resolution Policy
At 3rd Eye Media, we are committed to providing the highest level of service to our clients. We recognize that disputes may arise from time to time, and we are committed to resolving these disputes in a fair and efficient manner.
Our dispute resolution policy is designed to provide a framework for resolving disputes that arise between our company and our clients. The policy is intended to be flexible and adaptable to a wide range of disputes, and we encourage all parties involved in a dispute to work collaboratively to find a mutually acceptable resolution.
The following steps outline our dispute resolution process:
Communication: The parties involved in the dispute are encouraged to communicate with each other and attempt to resolve the issue informally. This can be done via phone, email, or other forms of communication.
Escalation: If the issue is not resolved through communication, it may be escalated to a more senior member of our team who will review the issue and provide a resolution.
Mediation: If the issue is not resolved through escalation, the parties may request mediation. A neutral third party can be brought in to help facilitate communication and negotiation between the parties to find a mutually agreeable solution.
Arbitration: If mediation is not successful, arbitration may be considered. This involves a neutral third party who listens to both sides and makes a binding decision on the matter.
Documentation: Throughout the dispute resolution process, we will document all communication, actions, and decisions. This can be helpful in future disputes and can also provide a record of how the issue was handled.
Overall, our goal is to resolve disputes as quickly and fairly as possible, while maintaining a positive relationship with our clients. We are committed to working with our clients to find mutually acceptable solutions to any issues that may arise.
At 3rd Eye Media, we strive to maintain a positive and respectful relationship with our clients, and we expect the same in return. We will not tolerate hostility, abusive behavior, or any other conduct that is harmful or disruptive to our business or our employees. If you engage in any such conduct, we reserve the right to cancel your website and terminate your services immediately. By using our services, you acknowledge and agree to this policy, and understand that we will take appropriate action to protect our business and our employees from any harmful or disruptive behavior. We reserve the right to protect our company, brand, employees and assets. We reserve the right to file a lawsuit if need be.
3rd Eye Media shall not be liable for any infringement of intellectual property rights arising out of the use of the Company's products, services, or any other materials provided by the Company. It is the responsibility of the client to ensure that they have the necessary rights to use any third-party intellectual property in connection with the Company's products or services. The client agrees to indemnify and hold the Company harmless from any and all claims, damages, and expenses arising from any such infringement.
At 3rd Eye Media our terms and conditions are in effect for the duration of your service or until the service is canceled. By using our services, you acknowledge and agree to the terms and conditions outlined in this document, and understand that they will remain in effect for as long as you use our services, unless and until the service is canceled. If you cancel your service, the terms and conditions will no longer be in effect for future use of our services, but will continue to apply to any use of our services prior to the cancellation. We reserve the right to make changes to our terms and conditions at any time, and we will provide notice of any changes as soon as practicable.
Legal matters: If any illegal activity is suspected from your business in regards to your website, 3rd eye media reserves the right to terminate your service at any time without notice. If any illegal activity is suspected from your business in regards to your website, 3rd eye media reserves the right to terminate your service at any time without notice. At 3rd Eye Media we are committed to providing high-quality website management services, but we cannot accept responsibility for any legal matters that may arise from your use of our services or your website. While we make every effort to ensure that our services comply with all applicable laws and regulations, we cannot guarantee that your website or its content is fully compliant with local, state, or federal laws, and we do not provide legal advice. It is your responsibility to ensure that your website and its content comply with all applicable laws and regulations, and to seek legal advice if necessary. By using our services, you agree to indemnify and hold 3rd Eye Media and its affiliates harmless from any and all legal claims, damages, or expenses that may arise from your use of our services or your website.
Confidentiality Clause: The Company and its employees shall not disclose or use any confidential information of the Company or its clients without prior written consent. "Confidential information" shall include, but not be limited to, proprietary information, trade secrets, financial information, client information, and any other information that the Company deems to be confidential. The obligations of confidentiality shall survive the termination of any agreements between the parties
"Limitation of Liability: In no event shall 3rd Eye Media or its affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website, (ii) any conduct or content of any third party on the website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties, (iii) any content obtained from the website, or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of 3rd Eye Media and its affiliates, officers, directors, employees, agents, or suppliers, exceed the amount paid by you, if any, to us for access to or use of the website or the services offered through the website during the twelve (12) months preceding the claim."
Updates: Unless upgraded to higher package websites come with 4 updates per month. 4 content updates included per month including information updates, event updates, photo updates, product updates, any extensive updates or design and layout changes are not included and are additional based on the changes being made. all service requests will met within 24-48 hours on business days (expedited fees may apply)
Success Guarantees: At 3rd Eye Media, we are committed to providing our clients with high-quality website management services, but we cannot guarantee the success of your website in any way. We do not guarantee any financial gain or sales. While we use our expertise and experience to create and maintain a website that is fast, secure, and user-friendly, the success of a website is dependent on many factors that are beyond our control, including market trends, competition, and user behavior. As such, we do not make any guarantees about the performance, success, or profitability of your website. By using our services, you acknowledge and agree that 3rd Eye Media is not responsible for any negative outcomes that may result from the use of our services or the performance of your website. However, we are committed to working closely with our clients to understand their unique needs and goals, and we will do our best to create and maintain a website that meets those needs and supports those goals.
By receiving and/or accessing our services, you acknowledge that you have read and understood our terms of service and agree to be bound by them. If you do not agree to these terms, you should not use our services. Your continued use of our services following any changes to our terms of service constitutes your acceptance of those changes.
At 3rd Eye Media, we strive to provide our customers with the best possible service, and we understand that our policies and procedures may need to change from time to time. As such, we reserve the right to make changes to our policies and procedures at any time, without prior notice. We believe that it's important to be transparent about our policies and procedures, and we will make every effort to communicate any changes to our customers as quickly and clearly as possible. If you have any questions or concerns about our policies or procedures, please don't hesitate to contact us. We're always here to help. 657-239-4939 email@example.com 3rdeyemediaco.com