Terms of Service

Terms of Service

By signing your contract, you acknowledge:(1) you are authorized to enter into this Advertising Order on behalf of the Advertiser identified within the contract. (2) the service provided pursuant to this Advertising Order are for commercial purposes (3) you are obligating the Advertiser to purchase the products and services described in this Advertising Order, subject to the Market Boss LLC Terms and Conditions for digital services, all of which are available below. (4) If you have read, understood and agreed to the Market Boss Digital Terms and Conditions as applicable, including the limitations on liability.

By signing your contract you are agreeing to the terms below.


These Terms of Use ("TOU"), as may be modified or amended periodically by us, govern your access to and use of any of the Market Boss digital properties, including Market Boss Created websites, mobile applications , and aspects of your interaction with our branded and controlled pages or accounts on certain third-party social media sites and apps (to which third-party terms may also apply) (collectively, the "Market Boss Sites"), as well as any use by you of the interactive business search and other related services we provide to consumers via the Market Boss Sites ("Consumer Service"), and/or the business listing or profile management and reporting access we provide on the Directory & Search Sites for business owners/operators or their authorized agents ("Market Boss for Business", and together with the Consumer Services, the "Service(s)"). This TOU is a legally binding agreement by and between you, personally and, if applicable, on behalf of the entity for whom you are using any of the Market Boss Sites or Services (collectively, "you" or "your"), so please read it carefully.


This TOU governs your access and use of the Market Boss Sites/Services on or after June 15, 2020 ("Effective Date"). BY ACCESSING OR USING ANY PART OF THE MARKETBOSS SITES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TOU, WHICH CONTAINS A WAIVER OF JURY TRIAL AND CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY MARKET BOSS SITES/SERVICES. UNLESS OTHERWISE EXPRESSLY STATED, MARKET BOSS LLC or MISSOURI MARKET BOSS. DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MARKET BOSS LLC., ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.


  1. About the Services and MARKET BOSS Sites

 

  1.1 The MARKET BOSS Sites and Search Results. The MARKET BOSS Sites and Services offer users the ability to create local leads using GMB and Google Guaranteed ADS, manage local citations across numerous directories and search engines via aggregators, enhance social media presence on various platforms such as Facebook, Instagram, X, LinkedIn, YOUTUBE, with the use of original video, image, and blog content. This service includes creating logos but excludes trademarked logos, providing only copyrighted logos for commercial purposes.

 

  1.2  Eligibility. To use the MARKET BOSS Sites/Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement, and are not otherwise prohibited from using or receiving the MARKET BOSS Sites/Services in accordance with this TOU. By using the MARKET BOSS Sites/Services on behalf of any third party or business entity you are representing to us that you are an authorized representative of that third party or business entity and that your use of the MARKET BOSS Sites/Services constitutes their acceptance of this TOU.


  1.3  Additional Terms. MARKET BOSS. provides a wide variety of services to both consumers and business users, including those that are paid advertisers. Some services and/or paid advertising are subject to additional or separate terms, which are listed below and/or presented to you when you use or contract for such services. If there is a conflict between this TOU and the additional or separate terms for a particular service, the additional or separate terms will control for that service and the provisions of this TOU will govern for your use of or access to our MARKET BOSS Sites/Services outside the context of the separate service. You may not use any of those services unless you agree to the applicable additional or separate terms. Links to certain additional or separate terms follow:


  • If you advertise through MARKET BOSS then you will be subject to our Advertiser General Terms and Conditions or other comparable terms and, as applicable, the Advertiser Products and Services Terms & Conditions or other comparable terms;
  • Once you sign this contractual agreement you are bound by the terms and conditions of use. This contract states that you will fulfill the obligations of the entirety of the term length of the contract.
  • Market Boss may choose to cancel the contract at any time due to non pay at which point the advertiser will be subject to immediate digital take down of all digital services, early termination fees up to 3 months of service or however many months remain within the length of the contract, whichever comes first, as well as paying reactivation fees in addition to any previously owed amounts as well as one month up front.
  • Should an advertiser which to cancel services early, they may buy out of their contractual obligations with Market Boss for an early termination fee that amounts to 3 months of monthly service or the amount remaining in their contractual obligation, whichever is the lesser amount will be used as the buyout.


  1.4 Nature of Services. In relation to the Market Boss and Missouri Market Boss sites. provides sites and services that are, unless otherwise expressly stated, advertising sites and services. Market Boss will display advertising on behalf of businesses and we rely upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does Market Boss endorse and/or have any other undisclosed connection with the businesses that advertise with us.

 

  1.5 Changes to Terms. We may periodically modify and supplement these TOU, with or without notice to you. You are responsible for regularly checking these TOU for revisions, which will apply to your access on or after their listed Effective Date.

 

   2.2  Termination. You may stop using the Market Boss Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. Should you wish to cancel prior to the agreed upon end date of your contractual agreement, you will be charged up to a 3 month early termination fee or the remainder of months left within your contract, whichever is the lesser term as agreed upon at signing of the contract. Additionally, we may terminate your access to the Services in whole or in part if we reasonably believe you have breached this TOU, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Market Boss Sites/Services. If your access to the Market Boss Sites/Services is terminated, we may exercise whatever means it deems necessary to prevent unauthorized access, reproduction of, and use of the Market Boss Sites/Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOU will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or whether or not you continue to use or continue to have the right to use the Market Boss Sites/Services.

 

  2.3 Intellectual Property Rights.

         a.  Unauthorized Use of Content. Using the Services, logos, or accessing the Market Boss Sites does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Market Boss Sites/Services, all of which is owned by Market Boss LLC, Missouri Market Boss its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOU, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Market Boss Sites/Services, without express permission from the owner or Missouri Market Boss (as applicable).

        b.   Unauthorized Use of Marks. Using the Market Boss Sites/Services does not give you any rights to use any of our trademarks, service marks, trade dress, trade names, or the like ("Market Boss Marks") or third-party marks, used in connection with the Market Boss Sites/Services, without express permission from the owner. Although Market Boss protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of Market Boss Marks by a third party; accordingly, do not rely upon any third party's use of any Market Boss in determining whether a third party is affiliated with Market Boss as such use may be unauthorized.

 

  2.4  Prohibited Conduct. You may use the Market Boss Sites/Services any materials or content made available to you in connection with your use of the Market Boss Sites/Services only as expressly permitted by this TOU and only in a manner that does not interfere with Market Boss right or ability to provide the Market Boss Sites/Services or any third party's right or ability to use or enjoy the Market Boss Sites/Services. Without limitation, you may not:


a.                  Infringe, violate, or transgress any right of any party;

b.     Attempt to bypass, disrupt or interfere with the security, provision or use of the Market Boss Sites/Services;

c.      Impersonate another person or entity, misrepresent your affiliation with a person or entity (including Market Boss), or use a false identity;

d.     Attempt to obtain unauthorized access to the Market Boss Sites/Services;

e.      Engage, directly or indirectly, in any type of unsolicited communication;

f.       Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Market Boss Sites/Services;

g.     Submit false or misleading information to Market Boss.;

h.     Violate any law, rule, or regulation;

i.       Use any Market Boss domain names, or confusingly similar domains or other portion of the Market Boss Sites/Services (including in connection with meta tags or other "hidden text") in advertising, promotions, or for other commercial purposes;

j.       Use the MarketBoss.com or MISSOURIMARKETBOSS.com domain name or any domain name that is confusingly similar to this or another Market Boss domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;

k.     Link to or "frame" any Market Boss Site (including deep linking to a specific portion of any Market Boss Site) or overlay content on the Services or use or display the search results from the Market Boss Sites/Services for your own or a third party's commercial benefit;

l.       Conduct script searches or use search results of the Market Boss Sites/Services in a manner that results in the automated display of any material or other information on a third party website;

m.   Use the Market Boss Sites/Services to compile information about a product or service for use in connection with a listing for a competitive product or service;

n.     Take any action that may undermine the ratings or review or similar process(es) within the Market Boss Sites/Services; or

o.     Assist any third party in engaging in any activity prohibited by this TOU. Market Boss, Inc. reserves the right, but not the obligation, to monitor the Market Boss Sites/Services for the purpose of determining that your usage is in compliance with this TOU.

   

  2.5  Changes. Market Boss may change or discontinue any of the Market Boss Sites/Services at any time without notice or liability to you or any third party.


   3. Privacy Policy

You agree that we may collect, use, and share your provided or collected information in accordance with Market Boss’ Privacy Policy.


  4. Content and Feedback

  4.1  Your Content. Some of the Market Boss Sites/Services allow you to submit or generate content. If you submit or generate content, you must comply with the MARKET BOSS Sites' User-Provided Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading, posting or otherwise submitting content in connection with your use of the Market Boss Sites/Services, you grant Market Boss (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.

  4.2  Feedback. If you submit ideas, suggestions or anything else about the Market Boss Sites/Services (such as ways to improve the Market Boss Sites/Services) to us, you agree that we can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to us in which you do not wish to grant such rights.

  4.3  Third Party Content. The Market Boss Sites may provide access to third-party content, such as user-provided reviews, other content submitted by users of the Market Boss Sites/Services, content obtained from non-user third parties, and links to third-party websites. Market Boss does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Market Boss Sites/Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. Market Boss is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party's website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. Market Boss will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Market Boss is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.

  4.4  Objectionable Content. If you become aware of any objectionable third-party content, you may contact our Customer Service department to report it. We will address such requests if and to the extent we deem appropriate, in our sole discretion.

  4.5  Third-Party Intellectual Property Policy (including DMARC). Market Boss respects the rights of others. If you believe any content published on or available through the Missouri Market Boss Sites/Services infringes your rights, you must submit a complaint per our Third-Party Intellectual Property Policy.


  5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY

  5.1  DISCLAIMER OF WARRANTIES. THE MARKET BOSS SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKET BOSS. DOES NOT REPRESENT OR WARRANT THAT THE MARKET BOSS SITES OR SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR SECURE; WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS; WILL MEET YOUR REQUIREMENTS; OR WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. MARKETBOSS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MISSOURI MARKET BOSS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE, AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM US OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.

  5.2  EXCLUSION OF DAMAGES. MARKET BOSS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES OR THE MARKET BOSS SITES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.

  5.3  LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF MARKET BOSS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU OR THE SERVICES EXCEED THE GREATER OF:

A.               AMOUNTS THAT YOU PAID MARKET BOSS FOR YOUR USE OF THE SERVICES;

B.    $50; OR

C.    WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.

 

  5.4  STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


  5.5  Indemnity. You agree to indemnify, defend and hold MARKET BOSS. and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders ("Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOU or (ii) arising from, related to, or connected with your use of the Market Boss Sites/Services. If you are obligated to provide indemnification pursuant to this provision, you may not settle compromise or in any other manner dispose of any Claim against the Indemnified Parties without the written consent of the Indemnified Parties.


  6. Disputes

 

  6.1  Governing Law/Venue/Waiver of Jury Trial/Waiver of Class Action. You agree that this TOU and any dispute arising in connection with your use or our provision of the MARKET BOSS Sites/Services will be governed by and construed in accordance with, Texas law without reference to the laws relating to conflicts of laws. Exclusive venue and jurisdiction for all claims and disputes that are not subject to Informal Dispute Resolution pursuant to Section 6.3, shall be in the state and federal courts located in Tarrant County, Texas, and you hereby consent and submit to the exclusive jurisdiction and venue of those courts and waive any defenses or objections based on the jurisdiction, venue, or convenience of these exclusive venues. In any legal proceeding relating to this TOU or your use or our provision of the MARKET BOSS Sites/Service, the parties agree to waive any right they may have to participate in any class, group, or representative proceeding and to waive any right they may have to a trial by jury.

 

  6.2  Informal Resolution and Small Claims Court. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the MARKET BOSS Sites/Services, you agree to contact our Customer Service department; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us 30 days within which to resolve the dispute to your satisfaction. Any dispute may, at the option of the claiming party, be resolved in small claims court in Dallas, Texas, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process set forth in this Section 6.2.


  6.3  Exceptions to Applicability of Section 6 Terms. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOU or the MARKET BOSS Sites/Services, subject only to the following exceptions: (a) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause irreparable or costly harm to the Market Boss Sites/Service, Missouri Market Boss. or any third party or third-party property, then we may immediately seek injunctive or other appropriate relief in any court of competent jurisdiction regardless of any timing or other proscribed process steps set forth in a separate provision of this Section 6; and (b) to the extent certain services provided by Market Boss are subject to different dispute resolution provisions, which are provided for in the terms applicable to such services. Furthermore, in no event will the terms of this Section 6 limit our ability to investigate complaints or reported violations of this TOU or to take any action we deem necessary and appropriate to mitigate actions against Market Boss including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.


  6.4  Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Market Boss Sites/Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.



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