TERMS AND CONDITIONS

Last Updated: March 2024

Agreement to our legal terms


We are Eminence and Wealth LLC ("Company," "we," "us," "our"), a company registered in New York, United States at 418 Broadway, Ste R, Albany, NY 12207.

We operate the website https://www.eminenceandwealthllc.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at 5169207709, email: [email protected], or by mail to 418 Broadway, Ste R, Albany, NY 12207, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Eminence and Wealth LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Introduction

These terms and conditions govern your use of the digital marketing services provided by Eminence and Wealth, LLC ("the Company"). By accessing or using our services, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, you may not access or use our services.

2. Service Description

The Company provides digital marketing services including but not limited to search engine optimization (SEO), social media marketing, email marketing, content creation, and online advertising.

3. Client Obligations

- The client agrees to provide accurate and up-to-date information necessary for the provision of services by the Company.

- The client is responsible for obtaining any necessary permissions or licenses for content provided to the Company for marketing purposes.

- The client agrees not to engage in any activities that may harm the reputation or performance of the Company's services.

4. Payment

- The client agrees to pay the fees for services as agreed upon in the service contract.

- Payments shall be made in accordance with the payment schedule outlined in the service contract.

- Failure to make timely payments may result in suspension or termination of services.

5. Intellectual Property

- All intellectual property rights related to the services provided by the Company shall remain the property of the Company.

- The client grants the Company a non-exclusive, royalty-free license to use any client-provided content for the purpose of providing services.

6. Confidentiality

- Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of services.

- Confidential information shall not be disclosed to third parties without prior written consent.

7. Limitation of Liability

- The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of its services.

- The total liability of the Company under any circumstances shall not exceed the total amount paid by the client for the services.

8. Termination

- Either party may terminate the service contract upon written notice if the other party breaches any material provision of these terms and conditions.

- Upon termination, the client shall pay any outstanding fees owed to the Company for services rendered up to the date of termination.

9. Governing Law

These terms and conditions shall be governed by and construed in accordance with the State of New York, without regard to its conflict of law principles.

10. Amendments

The Company reserves the right to amend these terms and conditions at any time. Any amendments will be effective upon posting on the Company's website. It is the client's responsibility to review these terms and conditions periodically for changes.

By accessing or using the Company's services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you have any questions or concerns, please contact us at 5169207709.


11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Eminence and Wealth, LLC
418 Broadway Ste Albany, NY
12207 United States

Phone: 5169207709

Email: [email protected]

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