Stoltz Marketing Group Terms & Conditions

Effective Date: August 17, 2020

These Terms of Use (“Terms”) govern all use of Stoltz Marketing Group. Stoltz Marketing Group includes https://www.stoltzgroup.com/, and other sites owned or operated (“Site”). By using and accessing the Site, you agree to these Terms, the Privacy Policy, other policies, and all applicable laws and regulations.

Stoltz Marketing Group reserves the right to suspend or terminate your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.

  1. CHANGES IN TERMS

    Stoltz Marketing Group has the sole right at any time and without prior notice to revise these Terms. Stoltz Marketing Group will post changes on the Site and it is your responsibility to review these Terms and any modifications.

  2. TERMINATION

    Stoltz Marketing Group has the right at any time and without prior notice to terminate some or all of stoltzgroup.com services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use stoltzgroup.com services or any feature or portion thereof.

  3. COMPLIANCE WITH LAWS

    You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 13 years old to use stoltzgroup.com. See the Children’s Personal Information section of the Privacy Policy.

  4. CONTENT

    The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

    The Content may contain errors, omissions, or maybe out of date. Stoltz Marketing Group may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on Stoltz Marketing Group.

    All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. Stoltz Marketing Group’s intellectual property may not be used without Stoltz Marketing Group’s written permission. All other trademarks and service marks not owned by Stoltz Marketing Group that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stoltz Marketing Group.

    You may view and use the Content for your personal information and for no other purpose. Stoltz Marketing Group does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

    NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS
    If you have any concerns related to intellectual property on the site, please provide the Stoltz Marketing Group copyright agent the following:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work or other intellectual property at issue;
    • The location of the material giving rise to the concern on the Site;
    • Your address, telephone number, facsimile 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 or other intellectual property owner, its agent, or the law;
    • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

    Notification should be sent by e-mail at [email protected] or by mail using the details provided below:

    101 S Capitol Blvd #900, 83702, Boise, ID, 83702, United States

    DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE STOLTZ MARKETING GROUP SITE AND CONTENT
    NOTWITHSTANDING ALL OTHER TERMS AND CONDITIONS ON THE STOLTZ MARKETING GROUP SITE, STOLTZ MARKETING GROUP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE STOLTZ MARKETING GROUP SITE, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. STOLTZ MARKETING GROUP ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF STOLTZ MARKETING GROUP SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT STOLTZ MARKETING GROUP SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH STOLTZ MARKETING GROUP IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE STOLTZ MARKETING GROUP SERVICES.

    STOLTZ MARKETING GROUP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF ITS WEBSITE OR ANY APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT STOLTZ MARKETING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL STOLTZ MARKETING GROUP BE LIABLE TO YOU FOR ANY AMOUNT.

  5. ELECTRONIC COMMUNICATION

    By using the Site you consent to receive communications from Stoltz Marketing Group electronically. Stoltz Marketing Group will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements, and other communications that Stoltz Marketing Group provides electronically satisfies any legal requirement that such communications be in writing.

  6. LINKED THIRD PARTY SITES

    Links to other websites operated by third parties, do not constitute sponsorship, endorsement, or approval by Stoltz Marketing Group of the content, policies, or practices of such linked sites. Stoltz Marketing Group does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

  7. DISCLAIMER AND LIMITATION OF LIABILITY

    Stoltz Marketing Group provides the Site (including all Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.

  8. HOLD HARMLESS AND INDEMNITY

    To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Stoltz Marketing Group, or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.

  9. DISPUTE RESOLUTION

    By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Boise, Idaho in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    These Terms of Use shall be construed in accordance with the laws of the state of Idaho, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Idaho and you will initiate any claim in connection with use of the Site or these Terms of Use in Ada County, Idaho.

    Nothing in this Section shall prevent Stoltz Marketing Group from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

  10. GENERAL TERMS

    Entire Agreement/Severability. These Terms of Use, together with the Privacy Policy, and Conditions of Sale and any amendments and any additional agreements you may enter into with Stoltz Marketing Group, shall constitute the entire agreement between you and Stoltz Marketing Group. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

    No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Stoltz Marketing Group’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision unless it is in writing signed by Stoltz Marketing Group.