- Acceptance of Terms
PromoterMotor ("PM") provides the information on this website as provided in these Terms of Service ("TOS"). PM may update the TOS anytime and without prior notice by posting a new version at PromoterMotor.com The information on this site and your use of it are subject to the most recent version of the TOS posted.
- Description of Service
PM provides you with Google "Ad Grant", Microsoft “Ads for Social Impact,” Social Media, SEO, Content, and/or Consulting services. ("PM Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current PM Service shall be subject to the TOS.
- Your Registration Obligations
Considering your use of the PM Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to:
- provide true, accurate, current, and complete all information you convey to us about yourself as prompted by the PM Service's registration form (the "Registration Data")
- maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Suppose you provide any information that is untrue, inaccurate, not current, incomplete, or PM has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete. In that case, PM has the right to suspend or terminate your account and refuse any and all current or future use of the PM Services (or any portion thereof).
You understand that all information, data, text, software, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PM Service. PM does not control the Content posted via the PM Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will PM be liable in any way for any Content. Such includes, but is not limited to, errors or omissions in any Content, any loss or damage of any kind incurred because of any use of Content posted, emailed, transmitted, or otherwise made available via the PM Service. You agree to not use the PM Service (and Google’s) to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harm minors;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the PM Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
- interfere with or disrupt the PM Service or servers or networks connected to the PM Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the PM Service;
- intentionally or unintentionally violate any applicable local, state, national or international law,
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities outlined in the paragraphs above. You acknowledge that PM may or may not pre-screen Content. However, PM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the PM Service and which violates the TOS. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent, and agree that PM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PM, its users, and the public.
- Content Made Available for Inclusion on the PM Service
PM does not claim ownership of Content you submit or make available for inclusion via the PM Service. However, with respect to Content you submit or make available for inclusion on the publicly available PM Service, you irrevocably grant PM the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the PM Service or other publications by PM in any media whether now existing or which come into existence in the future and to provide that information under the license set forth on the initial page of the promotermotor.com website. And for Content you submit for private discussions, you grant PM the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group, including but not limited to your organization logo, name, and the fact that you are our client.
You agree to indemnify and hold PM and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand. This includes but is not limited to reasonable attorney fees made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the PM Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- Modifications to PM Service You acknowledge that PM may establish general practices and limits concerning the use of the PM Service, including without limitation the maximum number of days that the PM Service will retain email messages, message board postings, or other uploaded Content. You further acknowledge that PM reserves the right to modify these general practices and limits from time to time. PM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PM Service (or any part thereof) with or without notice. You agree that PM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the PM Service.
You agree that PM may terminate your access to the PM Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The PM Service may provide, or third parties may provide, links to other worldwide websites or resources. Because PM has no control over such sites and resources, you acknowledge and agree that PM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such site or resource.
- Disclaimer of Warranties
You expressly understand and agree that: Your use of the PM service is at your sole risk. PM service is provided on an "as is" and "as available" basis. PM and its subsidiaries, affiliates, officers, employees, and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PM and its subsidiaries, affiliates, officers, employees, and licensors make no warranty that:
- The PM service will meet your requirements;
- The PM service will be uninterrupted, timely, secure or error-free and
- The results that may be obtained from the use of the PMI service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from PM or through or from the service shall create any warranty not expressly stated in the TOS.
- Limitation of Liability
You expressly understand and agree that PM and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PM has been advised of the possibility of such damages), resulting from the use or the inability to use the PM service.
- Notice and Procedure for Making Claims of Copyright Infringement
PM respects the copyright of others, and we ask our users to do the same. PM may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PM's Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PM's Agent for Notice of claims of copyright infringement can be reached as follows:
Bashpole Software, Inc. /dba/ PromoterMotor.com
c/o Benjamin Ashpole, CEO
8791 E. Wesley Lane
North Webster, IN 46555, USA
By phone: +1-215-760-1613
By email: email@example.com
- Eligibility for Service To be eligible for our Google Ad Grant PM services, a nonprofit must adhere to the following requirements, which will change from time to time:
- Google Ad Grants Terms and Conditions: https://support.google.com/nonprofits/answer/46103
- Google Policies: https://support.google.com/grants/topic/3500093?hl=en&ref_topic=3500091,3500123,3540513
- Google Ad Grants Policy Compliance Guide: https://support.google.com/grants/answer/9314402?hl=en&ref_topic=3500093
A violation found for either Google’s Terms, Policies, or Guide will result in automatic suspension. We reserve the right to serve organizations that may be promoting misinformation, including but not limited to: speculative medicine, superstition, proselytization, conspiracies, and any other topics that generally contradict generally accepted scientific results.
- General Information
Entire Agreement. The TOS constitutes the entire agreement between you and PM and governs your use of the PM Service, superseding any prior agreements between you and PM with respect to the PM Service. Choice of Law and Forum. The TOS and the relationship between you and PM shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and PM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of North Webster, Indiana. Waiver and Severability of Terms. The failure of PM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Suppose any provision of the TOS is found by a court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the TOS remain in full force and effect.