Terms and Conditions

Terms and Conditions

Last updated: 2023-01-26 10:46:49

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

Purchases

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Refunds & Cancellations

We do not offer refunds for any Digital Marketing Services that are provided. We employ a great amount of time, effort, and cost to deliver each service, campaign or project. It is not feasible to grant refunds or canceled orders (partial refunds) for any reason at all, whatsoever.

By using our service, you agree to our cancellation fees and policy for any monthly service, regardless of the outcome.

Cancellation fees:

We require a minimum of 15 Calendar Days notice for any cancellations of service.

If you cancel services after the 15th day of the billing period that is already paid and settled, the following months payment in full will be collected as a cancellation fee for a final month of service.

You are entitled to have the purchased services rendered and/or completed for the final month as our cancellation fee is in place to cover operating expenses that were already allocated toward your account. 

Lead Time and Allocation of Efforts 

Our business operations are regularly scheduled for 21 days to lead time ahead of schedule.  This means that we are working on the following month’s services to be rendered during the prior month as a measure of efficiency and added value to our clients.

and cancellation of service will be finalized.

We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above, including our requirement of a minimum 15 calendar days to avoid our operational costs which are incurred due to operational lead times, efficiency, etc. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.

We DO NOT offer indirect trials, mystery shopping, value extraction, or any form of marketing that can be arbitraged.

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.

We will issue a partial refund of the purchase price that you paid if we cancel your purchase for unforseen cirumstances.

Date Of Cancellation Request:  Upon the moment in time and date of cancellation, all services, products, and marketing campaigns are paused.  Any asset creation or distribution is also deemed void and requires no delivery.  Website hosting, transfers, or modifications are deemed as the former clients responsibility.  Chat, voice, and email support are also de-activated and available at our discretion.

Website, Digital Assets, and Account accesses not already distributed or granted to the client will be provided via email or shared drive within 5 business days.

Ideal use of social media on our website would confine your disclosures primarily to matters pertaining to you, not others. If in doubt, it’s best to err on the side of non-disclosure. It’s doubtful the disclosure is so meaningful that it cannot be offset by the precaution of acting to protect the best interests of someone who is involuntarily being exposed by your decision to disclose something on our Krest Marketing website (or another).

Refund policy

We do not offer refunds on any purchases made on this Website or through any associated activities to our company operations.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

NO WARRANTY ON PURCHASES

CONTENT CREATION AND CREATIVE CONTROL

By contracting, hiring, consulting, and commissioning Krest Marketing or Marketing Realists LLC, you are releasing all creative control to any digital or printed content created on our behalf.

Our creative works, judgments, styling, and decision-making processes are 100% at our discretion. They are NOT subject to our client’s perception or measurement of what is “satisfactory” work.  We provide a standardized level of content creation and will not be required to seek client approval prior to any form of digital marketing services.  Moreover, we do not allow any form of prior approval for content promotion, marketing efforts, outbound email campaigns, article/blog writing, link building, website design, and any other service we verbally or contractually are commissioned to provide.

• Content Revisions

We may allow but are NOT obligated to provide revisions of any kind whatsoever for any product or service that we offer.  Our duties and responsibilities as a Digital Marketing Agency are not hourly services employed by our clients, secretarial work, Information Technology Support, and we do not tolerate excessive requests for revisions.

Our content strategies have zero dependency or requirements based on the artistic, emotional, or performance sought from our clients. All services are deemed completed at our discretion and have no refunds or warranties based on any form of desired outcomes that our clients think, wish, feel, desire, or “wanted”.  Our company solely provides services on a best efforts basis and by default assumes a limitation to how much time we deploy to any project.

Remedies

Subscriptions

YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 2 DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW MONTHLY. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:

• PHONE NUMBER – 8777605444;
• EMAIL – INFO@KRESTMARKETING.COM.

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 15 DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Marketing Realists LLC or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

Availability, errors and inaccuracies

DAMAGES AND LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF MOONSHOT MEDIA LLC.

Links to third party websites

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2017 – 2021 Marketing Realists LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Marketing Realists LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Marketing Realists LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Krest Marketing at info@krestmarketing.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Marketing Realists LLC
Krest Marketing
info@krestmarketing.com
8777605444
27068 La Paz Rd Ste 275 Aliso Viejo, CA 92656
UNITED STATES

Governing law, severability, dispute resolution and venue

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Sublette County, California.

YOU AND MOONSHOT MEDIA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

Questions