Terms of Service
Main site: https://www.adsCampaignBuilder.com/
These Terms of Service (“Terms”) govern your access and use of ADSCampaignBuilder (the “Service”) provided by GPF Toolkit, LLC via its website located at https://www.adsCampaignBuilder.com// (the “Site”).
Please read these Terms carefully. By clicking on the “Accept” button on the Site or by subscribing to the Service, you acknowledge and agree that you have read, understood, and agree to be bound by all of the Terms.
Conditions For Use
If you are entering into these terms on behalf of a company or other entity, you represent that you are the employee or agent of such company (or other entity) and you have the authority to enter into these terms on behalf of such company (or other entity).
For the purpose of these terms, you and, if applicable, such individual, company or other entity constitutes “Subscriber.” If you do not agree to any of the terms and conditions set forth in these terms, GPF Toolkit is unwilling to permit you to use the Service.
If you do not agree to these Terms, do not engage in any usage of the Site. Your use of the Service represents your consent to these Terms. These Terms are subject to change without prior written notice at any time, in GPF Toolkit’s sole and absolute discretion. You waive any right you may have to receive speciﬁc notice of such changes and any changes will be effective immediately upon posting the revised Terms.
Any changes to these Terms shall supersede and replace prior versions of the Terms and shall apply to all transactions made after the revised Terms become effective. In addition, changes to these Terms shall apply to any unperformed obligations, terms or conditions associated with prior transactions. We recommend that you review these Terms regularly to understand the terms applicable to your transactions and your use of the Service.
Access to the Service
A Subscriber is a registered user who is currently Subscribed as defined herein. A Registered User is one who has submitted their email address (user identification) and selected a personal password that provides security over their user identification. Alternately, a Registered User is one who has submitted their email address and also authorized the connection between their email address and their LinkedIn account. GPF Toolkit reserves the right to deny registration or subscription at its sole discretion.
“Subscribed“ is defined as the status of a registered user who has completed payment or payments for a Subscription Period, that is, a period of 30, 60, or 90 days, or as otherwise may be offered from time to time, commencing on the day of payment. The Subscription Period runs according to calendar days and ends at midnight of the last day of the Subscription Period. For example: if you initially subscribe for 30 days starting (anytime CST) on March 1, 2020, you would be a subscribed until 11:59 pm CST on March 31, 2020. Currently, subscription periods are offered for a maximum of 90 days.
Subscribers are assumed to have compatible and relevant computing environments, operating systems, and application software (such as Microsoft Excel and Google Ads Editor) to use the Service and no representations or warranties are made as to the Service’s compatibility in all computing environments. You acknowledge that use of the Service is at your own risk.
The Service is constructed and maintained based on GPF Toolkit proprietary processes and the best available data. That data and our systems have been extensively tested and checked for accuracy.
We encourage you to review user documentation and consult our support staff if you have any questions about how any part of the Service works. If you suspect or detect an error in any of the files that are created or downloaded, or any flaws in the processing or functionality, please notify Support right away via email at email@example.com.
SUBSCRIBER ACKNOWLEDGES AND AGREES THAT:
- THE SERVICE REQUIRES ACCESS TO AND USE OF THE INTERNET AND OTHER CERTAIN MINIMUM COMPUTING REQUIREMENTS;
- GPF Toolkit IS NOT RESPONSIBLE FOR OPERATING OR MAINTAINING SUBSCRIBER SERVERS OR SUBSCRIBER’S CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICE; AND
- THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF SUBSCRIBER DATA.
- GPF Toolkit PROVIDES THE SERVICE AND THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND.
- GPF Toolkit DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
GPF Toolkit DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. GPF Toolkit AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL:
- WARRANTIES OF MERCHANTABILITY;
- WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GPF Toolkit KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND
- WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES.
THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.
Limitation of Liability
The Service is a toolset designed to assist in the modeling, simulation, and sharing of information used primarily in pay-per-click marketing (PPCM). Users of PPCM systems (such as Google Ads) need to be aware that they must be in control of every aspect of what they are doing, and what it is costing them, while using PPCM. PPCM users must be aware that even seemingly small errors in setting up their accounts can result in expenditures that are quite large and quite unintended.
PPCM MISTAKES CAN BE VERY COSTLY AND ARE NOT THE RESPONSIBILITY, IN ANY FORM, OF THE SERVICE OR GPF Toolkit.
Subscriber assumes complete responsibility for their use of the Service. In no event will GPF Toolkit be liable to Subscriber, or any third party, for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with these Terms, the Service, the Site or the third party content regardless of the form, whether in contract, tort, strict liability or otherwise, even if such party has been advised or is otherwise aware of the possibility of such damages.
GPF Toolkit’s total liability arising out of or related to these Terms, the Service, the Site, or any third party content, shall not exceed the amount paid by subscriber to GPF Toolkit in the six (6) month period immediately preceding the alleged violation. Multiple claims will not expand this limitation.
Subscriber, at its sole expense, will defend, indemnify and hold GPF Toolkit and its directors, ofﬁcers, attorneys, shareholders, employees, consultants, afﬁliates and agents (collectively, “GPF Toolkit Indemnitees”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or inequity), claims (groundless or otherwise), damages (including without limitation, damages for loss of business profits, loss of good will, loss of business opportunity, duplication or dissemination of inaccurate data or information, or other pecuniary loss), payments, deﬁciencies, ﬁnes, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs, expert witnesses’ costs and fees, penalties, interest and disbursements) arising from or relating to any suit, action, or proceeding against any GPF Toolkit Indemnitees, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to:
- any breach by Subscriber of these Terms (including, but not limited to, any breach by Subscriber any representation or warranties); or
- Subscriber’s use of the Service; or
- Subscriber Data (including, misappropriation or infringement of any third party’s Intellectual Property Rights.
The AdsCampaignBuilder provides the ability to create, maintain, and delete CampaignBuilder projects as defined in the UserGuide.
No other use or application is suggested, endorsed or supported.
Pricing and Payment
All prices for the Service are shown in United States. GPF Toolkit reserves the right to reject all or part of a request and to discontinue the Service without prior notice to you, even if you have already placed your order. All prices are subject to change without notice, and GPF Toolkit reserves the right to increase your subscription fee prior to the start of any Subscription Period renewing.
You may pay by valid credit cards (“Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the Payment Method and authorize us to charge or debit your order (including taxes and any other amounts described on the Site or Service) to that Payment Method.
You agree that GPF Toolkit may use all legal means available to collect should our attempts to charge or debit your Payment Method fail for any reason, including any collection agency and reasonable attorneys’ fees and costs.
If you desire to terminate your use of the Service, you may do so at any time by sending an email to support@adsCampaignBuilder.com from the email address associated with the Subscriber. You will receive a confirmation email from the Service to confirm your intent to cancel your account. Your account will be terminated within 24 hours of sending this confirmation email.
Upon the termination of Subscriber’s access to the Service: (a) all licenses granted to Subscriber herein will terminate; and (b) GPF Toolkit may delete all Subscriber Data without further notice.
There are no refunds, except as granted by GPF Toolkit, in its sole discretion, as otherwise provided in these Terms or as required by law. Subscriber permanently and irrevocably waives any and all rights to enact a “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank, credit card, or charge card) against payments that were made during the Subscription Period and are dated before the date of the termination request, for any reason whatsoever.
Any chargeback processed against charges for will result in full and complete termination of the Service being available to Subscriber due to the significant costs involved in administration of managing chargebacks.
Grants and Restrictions
Subject to the Terms, GPF Toolkit hereby grants to Subscriber a non-exclusive, non-transferable and revocable right to access and use the Service.
Subscriber hereby grants to GPF Toolkit a non-exclusive right to access, use, reproduce, modify and create derivative works of any and all documents and other materials uploaded by Subscriber to GPF Toolkit’s system in order to use the Service (“Subscriber Data”).
Subscriber will not, and will not allow any third party to:
- disclose to any third party any performance information or analysis relating to the Service;
- sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Service (any component thereof) or any materials contained in the Site;
- distribute, publicly demonstrate or publicly display any materials contained in the Site;
- use any data mining, data or website scraping, reverse engineering, screenshotting or screen scraping, robots or similar data gathering or extraction methods with respect to the Site or the Service;
- download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site);
- use the Site, the materials contained in the Site or the Service other than for its intended purpose; and
- remove, obscure or alter any notice of copyright, trademark or other proprietary right appearing on or in the Site or the Service.
- allow any third party that is not directly affiliated with Subscriber (such as Subscriber’s employees and authorized agents) to utilize
Subscriber’s Registration Data or otherwise access the Service when such third party is not also a Subscriber. Subscriber will permit GPF Toolkit upon request at all reasonable times, and at GPF Toolkit’s expense, to verify that the use of the Service is in compliance with these Terms.
GPF Toolkit will use commercially reasonable efforts to provide the Service to Subscriber. GPF Toolkit may prohibit Subscriber from using the Service in its sole discretion. Subscriber must use reasonable security precautions in connection with Subscriber’s use of the Service. Subscriber must comply with all federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction (“Laws”) applicable to Subscriber, GPF Toolkit and the subject matter of these Terms and/or the Service with respect to Subscriber’s use of the Service.
Subscriber agrees to:
- provide accurate, current, and complete information as may be prompted by Registration and maintain the security of Registration password and identiﬁcation;
- accept all risks of unauthorized access to the Registration Data and any other information Subscriber provides to GPF Toolkit.
Subscriber agrees not to:
- upload, transmit, distribute, store, create or otherwise publish through the Site, any of the following: Material that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; Viruses, corrupted data or other harmful, disruptive or destructive ﬁles; and Material that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inﬂammatory, fraudulent, deceptive or otherwise objectionable in GPF Toolkit’s sole discretion.
- use the Site or the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Service or that could damage, disable, overburden or impair the functioning of the Site or the Service in any manner;
- use the Site or the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time-to-time by GPF Toolkit, or that violates Laws; and
- circumvent or attempt to circumvent any ﬁltering, security measures or other features designed to protect the Site, the Service, users of the Site or the Service or third parties.
Subscriber represents and warrants that:
- All Subscriber Data is either the sole property of Subscriber or has been collected from a third party by Subscriber in accordance with Subscriber’s privacy guidelines;
- Subscriber’s privacy guidelines comply with all applicable Laws;
- Subscriber has obtained all consents required by the applicable Laws to transfer all of the Subscriber Data to GPF Toolkit for use of the Service and storage by GPF Toolkit within the United States;
- All of Subscriber’s registration and account information is true, accurate and complete;
Subscriber will maintain the security of Subscriber’s password (for Service access using Subscriber’s email address and password).
Notwithstanding any terms to the contrary in these Terms, GPF Toolkit may disclose Subscriber Data: (a) as required by any applicable Laws; or (b) in response to a subpoena or other compulsory legal process. Subscriber should provide GPF Toolkit with timely notice of any attempts to quash a subpoena or other legal process and/or any order thereon.
GPF Toolkit is not responsible to Subscriber for unauthorized access to Subscriber Data or the unauthorized use of the Service. Subscriber is responsible for: (a) the use of the Service by any employee of Subscriber or any person to whom Subscriber has given access to the Service; and (b) any person who gains access to Subscriber Data or the Service as a result of Subscriber’s failure to use reasonable security precautions (even if such use was not authorized by Subscriber).
As between the parties and subject to the grants in these Terms:
Subscriber owns all right, title and interest in and to the Subscriber Data and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein (“Intellectual Property Rights”);
GPF Toolkit owns all right, title and interest in and to the Service (including, but not limited to, the software components of the Service), the Site, all content and other materials on the Site and any and all Intellectual Property Rights embodied therein.
This provision will survive the use of the Service.
Third Party Content
GPF Toolkit may provide third party content on the Site and may provide links to website and content of third parties (collectively the “Third Party Content”) as a service to those interested in that information. GPF Toolkit does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness.
You acknowledge and agree that GPF Toolkit is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Service.
The GPF TOOLKIT and GPF Toolkit logos, slogans, service names, and/or word marks (including but not limited to TarketMarkets, SourceCampaign, and CloneSet) contained in the Site (or made available via the Service) are trademarks of GPF Toolkit, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GPF Toolkit. You may not use any metatags or any other “hidden text” utilizing “GPF TOOLKIT” or any other name, trademark or product or service name of GPF Toolkit without our prior written permission.
In addition, the look and feel of the Site and the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GPF Toolkit and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site (or made available via the Service) are the property of their respective owners. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GPF Toolkit.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without resort to its conﬂict of law provisions. The parties agree that any action at law or in equity arising out of or relating to these Terms will be ﬁled only in the state and federal courts located in Cook County, Illinois and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
GPF Toolkit will not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to, acts of God (ﬁre, storm, ﬂoods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential service, interruption or termination of service by any service providers being used by GPF Toolkit, the Internet, labor disturbances, vandalism, cable disruption, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
If any provision of these Terms is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law, and the remaining provisions shall remain in full force and effect.
QUESTIONS AND INQUIRIES
Any questions about this Terms of Service or otherwise should be addressed to support@adsCampaignBuilder.com.