As used herein, the words ‘us’, ‘its’, ‘ours’ and/or ‘we’ shall refer to our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
We reserve the right to undertake any technical, legal or administrative measures that we deem necessary in order to prevent any breach of the Terms hereof and to enforce any available remedy, at any time, without prior notice and in our sole discretion.
These Terms constitute a legally binding agreement between you and us. If you do not agree to these Terms, please, exit the Site and stop use of our Services. These Terms also limit the remedies that may be available to you in the event of a dispute with us.
Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent. Pullman Marketing LLC reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and the Site, at any time and without notice.
Pullman Marketing LLC is a marketing consulting company offering our expert opinion. Our collective offer shall be hereinafter referred to as the “Services”, which we offer in three tiers: Startup, Business & Enterprise, allowing our users great flexibility regarding budgeted cost and expected outcome. We may also include other functionalities from time to time.
We may change, modify, update, upgrade, cancel or terminate any part of our Terms, the Site, the Services, and any functionality therefrom, at any time and at our sole and final discretion. Any changes will be displayed in the Site, and we will notify you through the Site or by email. Please refer to the last effective date where changes were last done by us. Your use of our Services after the effective date of any update –either by an account registration or simple use– thereby indicates your acceptance.
In order to use some or all of the functionalities and Services, you will need to register for an account. You are solely responsible for the activity that occurs under your account and for keeping your password secure and confidential. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account. All Services provided by Pullman Marketing LLC may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or county law is prohibited.
Pullman Marketing LLC reserves the right to publicly acknowledge or disclose which companies/websites have created an account on the platform for the purposes of marketing or sales materials.
Prohibited activities, acceptable use of our Services
You agree not to, and will not undertake, motivate, or facilitate the use of your account, either by you or by others to:
- Infringe the privacy rights of any third party.
- Violates the Google Ads terms of service.
- Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools).
- Disturb the normal flow of Services provided within the Site.
- Intercept or monitor activity on our systems without our permission.
- Misrepresent your relationship with us, or suggest or publish that Pullman Marketing LLC or any of its affiliates or licensors endorses, sponsors, contributes to or provides support for your user generated content.
- Publish any press releases regarding your use of our Site or our Services, unless you obtain our prior written approval.
- Aggregate Pullman Marketing LLC data with competitor data
- Use the Pullman Marketing LLC platform or Pullman Marketing LLC API in any manner that is competitive to Pullman Marketing LLC or the Pullman Marketing LLC services including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to Pullman Marketing LLC’s products and services, as determined in our sole discretion.
- Use the platform or service(s) provided by Pullman Marketing LLC in any method of use; or at any time, if you are employed by or are a representative of an organization that offers services which could be considered as competitors to the Pullman Marketing LLC service(s). Pullman Marketing LLC reserves the right to render such accounts inoperative or ineffective at any time, or remove such accounts from the Pullman Marketing LLC system at our sole discretion.
- Distribute, post or otherwise make available any user generated content or any content that:
- enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any race, individual or group;
- illicitly endangers children and underage persons;
- is or can be considered threatening, abusive, harassing, defamatory, libelous or derogatory;
- is or can be considered profane, scandalous, indecent or otherwise objectionable;
- is or allows illegal or fraudulent activities to take place;
- is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or
- is or can be considered to be obscene, threatening/defamatory, or child pornography.
- Circumvent any and all maximum capacity thresholds for the Services, by any means;
- Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
- Create copies or derivate works of the Site or any part thereof;
- Otherwise reverse engineer, decompile or extract the Services’,
- Remit or otherwise make or cause to deliver unsolicited advertising, spam or other chain letters;
- Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
- Pretend to be or misrepresent any affiliation with any legal entity or third party.
Fees & Fair Billing Policy
Pullman Marketing LLC’s Services are to be purchased on a periodic monthly subscription basis, where you prepay each month of Service. Your payment method will be charged every month without further authorization from you after initial one. We also offer discounts when you purchase large Services packages. Please contact us for further discount opportunities and benefits.
Invoice based pricing may also be available to customers with a spend in excess of $10,000 USD per month. We will refund unused days on a subscription period at the customer’s request.
You agree to pay Pullman Marketing LLC any and all applicable fees during each calendar month period, or invoice period. Pullman Marketing LLC reserves the right to offer new fees, tiers and pricing, or to modify the existing ones, for new customers at any time. Existing customers will always be “grandfathered” in to their current pricing plan under our Fair Billing Policy, unless they wish to change plans – in which case any future price rises would be applicable.
We use third-party payment processors in order to bill you for any Services purchased through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Pullman Marketing LLC is not responsible for any service fee of the payment processors.
All accounts are billed automatically on a monthly basis. In the event that there is insufficient credit in your account, we will send you an e-mail notification, at which point we will need to be provided with another credit card/payment processing account within 24 hours. If we do not receive a response within 24 hours, your account may be suspended.
Once a new monthly period begins, you will be automatically charged for the full amount applicable to your Service tier. You can always cancel your Services subscription, where you will have the right to receive Services for the remaining monthly period, and afterwards your account will be inoperative. If you wish to cancel your subscription immediately we will refund unused days to your payment card at the customers request.
Third party services
Third party links
Our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Some or all of the images and other content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.
We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Services and the Site are the property of, or otherwise are licensed to Pullman Marketing LLC or its licensors or affiliates, whether acknowledged (or not), and are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.
Some software used in our Services may have been initially secured under an open source license. Henceforth, for the avoidance of doubt, the provisions in the applicable open source license that expressly override some of these Terms shall prevail, in case of any discrepancy.
Pullman Marketing LLC does not knowingly provide its Services to persons under the age of eighteen (18). Persons under such age are thereby prohibited from using our Services or accessing our Site. Pullman Marketing LLC encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.
All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
Any commercial electronic communication (“CEM”) that you receive from us, our business partners, licensors, suppliers and/or affiliates will require your prior consent. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our CEMs, and also in your account preferences.
Neither Pullman Marketing LLC, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Services will be error-free, uninterrupted, secure, or produce any particular results or save you any amount of money or Internet advertising budget; or that any information, software, cloud service, reference guides and/or samples will be current, useful and/or valid, or that will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Pullman Marketing LLC or its employees, affiliates, contractors and/or agents shall create a guarantee. Overall, we do not guarantee that our Services will prevent or diminish Internet advertising click fraud, namely botnets, click farms, bots and other malicious code. If some of your ad clicks are found to be fraudulent via our Services, it will be your responsibility to contact Google Inc., Yahoo Inc. and/or Microsoft Inc. and/or their affiliates or subsidiaries in order to ask for any refund. We do no guarantee that the aforesaid entities will refund any advertising budget, credits or monies.
Disclaimer of damages
Pullman Marketing LLC cannot be held liable for system downtime, crashes or data loss. We are not affiliated with Google Inc., Yahoo Inc. and/or Microsoft Inc. and/or their affiliates or subsidiaries. We do not any liability whatsoever for: (i) any changes or performance regarding your Internet advertising accounts or any performance thereof; (ii) spend or cost per ad conversion that may arise as a result of using our Services; and/or (iii) the case where legitimate users may, from time to time, be blocked from seeing your ads. To the fullest extent allowable under applicable law, Pullman Marketing LLC hereby expressly disclaims any and all representations and warranties of any kind with respect to the Site, the Services, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.
Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Services “as is”, “with all faults”, and “as available”, including all content, guides, sheets, step-by-step guides, reference guides, samples, forms, software, materials, services, functions, and/or information made available thereby. It shall be your own responsibility to ensure that any products, Services or information available through this Site meet your specific requirements.
Limitation of Liability
Pullman Marketing LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Pullman Marketing LLC’s Services becoming unavailable for any reason whatsoever or from the corruption or deletion of any data from Pullman Marketing LLC’ servers, or for any other type of personal damages or losses arising out of or related to your use of or inability to use the Services; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.
In recognition of the relative risks and benefits of the Services provided via the Site, to both us and our users, you hereby acknowledge and agree, to the fullest extent permitted by law, that the limit of liability of Pullman Marketing LLC to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any services thereon (including reasonable attorneys’ fees and costs and expert witness fees and costs), is at most the cost of one month of your average subscription fees value over the last 12 months.
Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you may contact us at the aforementioned email. You must notify us of your claim with subject: “Takedown Request”. Once received, Pullman Marketing LLC will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Pullman Marketing LLC may delete it, disable or otherwise stop displaying it.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Assignment. You may not assign or transfer these Terms of Service by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties.
Export control. Your hereby agree not to use our Site and he Services if you or your users are barred from receiving them under any of export control laws (for example, if you or they are located in a jurisdiction that is subject to United States of America, European Union, Australia or Commonwealth sanctions regulations, which currently includes Cuba, Iran, North Korea, Sudan and Syria and which are subject to change as posted by the United States government).
Force Majeure. Pullman Marketing LLC is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Pullman Marketing LLC’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Headings. The titles of paragraphs in these Terms of Service are shown only for ease of reference and will not affect any interpretation therefrom.
Representations and Warranties. You hereby represent, warrant and covenant that you: (i) will be solely responsible for your Internet advertising campaigns; and (ii) will not infringe any rights of any third party, including but not limited to any privacy rights and rights of publicity.
No Waiver. Failure by Pullman Marketing LLC to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Privacy. By using our Services, you are thereby consenting to have your personally identifiable information transferred to and processed in the European Union, Israel and/ or the United States of America. Please read our Policy for more info.
No Relationship. You and Pullman Marketing LLC are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms of Service will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Pullman Marketing LLC shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Pullman Marketing LLC, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Last Updated: 01/25/2020