Terms of Service
Effective Date: January 1, 2021
Saving time and leveraging technology so we can spend more time having fun. Honesty. Integrity. Ethics. That’s what we’re about… and we like to work with customers who live and work the same way. If you live life the same way, great! We’ll get along like old friends. Please read our terms of service below so we’re all on the same page!
Here, you can review the most current version of the Terms of Service at any time.
Tri-Johnson Marketing Solutions, LLC (together with its officers, directors, employees, agents, subsidiaries, and affiliates, “Tri-Johnson”) reserves the right to update and change the Terms of Service by posting updates and changes to the Tri-Johnson website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact your continued use of the website following the amendment confirms your consent to the amendment. Any new features that augment or enhance the current service, including the release of new tools and resources, are subject to these terms.
Violation of any of the terms may result in the termination of your account.
By using the Trijohnson.com services (“Service”), you are agreeing to be bound by the following terms and conditions:
1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like. Some software tools we offer allow sub-users to be created but they will each have their own login, no sharing of sub-user accounts is permitted.
3. You are responsible for maintaining the security of your account and password. We are not liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all content and activity that occurs under your account.
5. Use of Tri-Johnson Content On Non-Tri-Johnson Websites Is Prohibited: Posting any of our stock website content, articles, automated articles, or any content written by Tri-Johnson on any website outside of our system is prohibited. We will pursue any website hosting any of our copyright protected content with a request to cease and desist and/or we will pursue every measure possible including requesting the web host to remove the website containing the protected material.
6. It is your sole responsibility to back up your data and content on a regular basis. You are solely responsible for any data you upload or import into our system(s).
7. PROCEED AT YOUR OWN RISK. We do not verify the accuracy of content posted on the website. Any agreements you make with others through the website are strictly between you and the third party. Investigate appropriately before dealing with someone you do not know. We are not responsible or liable for any claim, loss, or damage, of any kind related to your use of the website.
8. You promise and warrant that you will not use the website to:
1. Gather or extract any data or content;
2. Post or send anything that is false, fraudulent, or misleading;
3. Post or send anything that is unlawful, threatening, abusive, libelous, defamatory, or sexually explicit;
4. Post anything that does not belong to you, that you do not have the legal right to post, or that impersonates someone else;
5. Send any unsolicited advertisements (SPAM);
6. Reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
9. Your content may be transferred unencrypted over various networks.
10. Any content, posts, reviews, videos, or images whether solicited or otherwise you send to Tri-Johnson may be used in any Tri-Johnson publication without payment or any other consideration.
11. If your bandwidth usage exceeds 300 MB/month or significantly exceeds the average bandwidth usage of our other customers, we reserve the right to immediately disable your account or throttle your account until you reduce your bandwidth consumption.
12. We may collect information you provide to us. We may share your personal information if required to do so by law or in order to enforce these terms.
13. YOU ARE USING THE WEBSITE ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES DUE TO YOUR USE OF THE WEBSITE.
15. Our Legal Terms shall be treated as though it were executed and performed in Iowa, United States and shall be governed by and construed in accordance with the laws of Iowa, the United States without regard to conflict of law principles.
16. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH US OR ANOTHER USER OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. OUR LIABILITY RELATED TO YOUR USE OF THE WEBSITE IS LIMITED TO $100 IN THE AGGREGATE FOR ALL CLAIMS. ANY CLAIM YOU MAY HAVE RELATED TO YOUR USE OF THE WEBSITE MUST BE COMMENCED BY FILING SUIT IN BLACK HAWK COUNTY, IOWA, WITHIN ONE (1) YEAR OF THE EVENT UPON WHICH THE CLAIM IS BASED FIRST OCCURRED.
17. You agree to indemnify and hold us harmless from any claim or demand, including attorney fees and court costs, made by any third party related to your use of the website.
18. Tri-Johnson reserves the right to adjust pricing of plans and/or services at any time, which includes but is not limited to existing user accounts and/or new user accounts. As with any other expense in your business, as we improve and innovate on our product we incur more expenses to create a better and better tool for your business.
19. We will terminate, in appropriate circumstances, your membership if you are the source of repeat copyright infringements. The look and feel of the website is copyright ©2019-2020 by Tri-Johnson Marketing Solutions, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from us.
20. We do not screen any content you post or any communications you send. You are responsible for all communications that occur in your account.
21. We do not allow the creation of forms or other material that would capture and store sensitive information on the sites including but not pertaining entirely to social security numbers.
22. If we fail to exercise or enforce any right or provision of the terms, we do not waive that right or provision. These terms constitute the entire agreement between us and govern your use of the website, superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms of Service).
23. Your account may be terminated at any time for violation of these terms. In the event your account is terminated, no refund will be due to you. Termination 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.
Payment, Trials, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required to sign up for all accounts. You will be charged for the first month when you sign up after your Free Trial period. All monthly fees are due in advance on a monthly basis.
2. If your card is declined and your credit card is not updated within 10 days, we reserve the right to cancel your account and suspend your access to your account.
3. We will attempt to communicate if your account is in arrears. Communications include, but are not limited to, email, chat, sms/text, phone calls, and ringless voicemails.
4. If you cancel your subscription within 30 days of signing up, you will be refunded your first month upon your request. If you cancel your account after 30 days of signing up, you will not receive a refund and the account will remain active for your remaining subscription time.
5. If you have chosen the option to pay one “lifetime” payment for your subscription, the renewal and cancellation policy is the same as above. You have a full 30 days to try out your account and cancel within that time to receive a full refund, per these terms. There are no pro-rated refunds on “lifetime” accounts if you cancel more than 30 days after the initial purchase. For the purpose of this clause “lifetime” access is deemed to be access to the software account at the time of purchase for as long as the company exists and the software is supported in its current version.
6. Each customer is entitled to only 1 refund under our 30-day guarantee. If you sign up and cancel within 30 days of signing up and receive a refund then sign up at a later date, you’re not eligible for a refund if you cancel again within the first 30 days.
7. Each customer is limited to one special or discount upon signing up for a subscription.
8. There is a 3% refund fee for each invoice that is refunded outside of the 30-day money-back guarantee.
9. If your account was canceled and you return to Tri-Johnson, you will be reactivated under the current plans and rates.
10. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle.
11. Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
Cancelation and Termination
1. To cancel your account, you must send a request to email@example.com with the subject “Cancel Subscription”. Cancellations won’t be considered final until you’ve sent the “Cancel Subscription” email to our support team. We may reach out to you to get feedback or see if we can help you afterward, but all future billings stop once you send the Cancel Subscription email for that subscription. If any charges are made after the Cancel Subscription email has been received they shall be refunded to you.
2. Cancellation is effective the day after you confirm your cancellation via email with our support team. Future monthly/annual charges will not be charged after the date of cancellation. There are no refunds on monthly or annual payments already made. The “lifetime” and annual plans are intended for customers who are committed to utilizing Tri-Johnson in their business for at least 12 months and want the discount in exchange.
3. Upon cancellation, all of your content may be immediately and automatically be deleted from the Service. This information can not be recovered once your account is canceled.
4. CHARGEBACKS — In our history as a business, we pride ourselves in great customer service and helping our customers reach their goals. If our website isn’t a good fit for you, it’s your responsibility to cancel in a timely manner inside your account by sending the “Cancel Subscription” email per the terms of this agreement. If you call your credit card company and claim you canceled when you did not formally request to cancel via email, you agree to fully compensate us for all costs we incur as a result of your actions, which may include chargeback fees and attorney fees.
Communications Service Terms
1. You understand and accept that the practice of cold outreach will have varying results and that results are not guaranteed due to factors being outside our control.
2. Marketing results are not guaranteed. Previous poor marketing done by others may cause issues with Twilio phone numbers you purchase which is outside of our control.
3. We will not commence any done-for-you work until you have paid for the Service.
4. You understand and accept that you may see no improvement of your inbound or outbound lead generation if you do not understand how to market using our technologies.
5. We make no warranties of merchantability, fitness for a particular purpose, infringement, or arising from a course of performance or dealing. Our service is provided AS-IS.
6. Failure to make payment per the contract agreement will result in penalties and the account will go to collections. If you have an active Tri-Johnson account with us Tri-Johnson has the right to terminate your account if there is a default in your service payments.
7. You are responsible for obeying all laws in respect to SMS messaging, email, Cold Calling, Ringless Voicemail, and other communication methods you may utilize when using our services.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Sub User Account Terms
1. You agree that you cannot re-sell any Tri-Johnson products or services as stand-alone products or services or as the main and/or highest value element of the package as it may cause confusion or dilution in the marketplace for the Tri-Johnson product line. If you are interested in becoming a reseller, reach out directly.
2. Sub User Account Limit: There is a limit on your Sub User account based on which plan you have signed up for. Sharing of Sub User accounts is not permitted. Failure to follow this guideline is grounds for account termination.
3. Copyright: The copyright terms that are lined out in our main terms of service also apply fully to the Sub User and the Sub Users end user fully. Tri-Johnson fully owns all content and design elements that come on our websites by default all or in part and may not be used outside of the Tri-Johnson website.
4. Payment: A monthly invoice is sent to the Master User account. Payments are due immediately. Payments will be considered late 30 days past the date of the invoice and will incur a 2% per month penalty. Sub User accounts can be cancelled if the Master User account is past due.
5. Active User Counts: You agree that it is fully your responsibility as the Master User account owner to ensure that your account is accurate.
6. Support: Support with your end user is fully your responsibility. All other everyday technical support on the use of the Tri-Johnson products is provided through our normal support channels that our direct customers enjoy access to.
7. Cancellation: You are responsible for cancelling any Sub User Accounts you no longer wish to have active.
You can contact us at:
PO Box 32
Waterloo IA 50704
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