Terms of Service

Last Modified: April 22, 2025

These Terms of Service (“Terms”) are a binding agreement between You and Mountain West Digital Marketing Agency (“Mountain West Digital”, “we”, “our”, or “us”).

These Terms govern your access to and use of our website, social media platforms, and any related services, features, content, or applications owned and operated by us (collectively, the “Services”), whether as a visitor or a client.

Please read these Terms of Service carefully before accessing or using our Services. BY ACCESSING, BROWSING, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, do not use our Services. These Terms may be updated from time to time, and your continued use after such changes constitutes your acceptance of the new Terms.

YOUR ACCESS AND USE OF THE SERVICES Permitted Uses: Our Services are designed to help businesses, particularly in the multifamily, student housing, Leasing & Lifestyle, Luxury, Fashion, Local Businesses in Utah, and build-to-rent sectors, achieve their marketing goals through digital strategies, content creation, and community engagement. You agree to use our Services in accordance with these Terms and all applicable laws and regulations. Account Responsibility: If you establish an account with us, you are responsible for maintaining the confidentiality of your account information, including any passwords. You are also responsible for all activity that occurs under your account. Notify us immediately of any unauthorized access to or use of your account.

Prohibited Conduct:

You agree not to use our Services for any unlawful, harmful, or disruptive purposes. This includes, but is not limited to: * Transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. * Impersonating any person or entity or misrepresenting your affiliation with us. * Uploading or transmitting any content that you do not have the right to transmit or that infringes upon the intellectual property rights of others. * Transmitting unsolicited or unauthorized advertising or promotional materials. * Uploading or transmitting any material containing viruses or other harmful code. * Interfering with or disrupting the operation of our Services.

Links to Third-Party Services:

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we 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 third-party websites or services. Modifications to the Services or Agreements: We reserve the right to modify, suspend, or discontinue our Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We may also update these Terms of Service from time to time, and the latest version will be posted on our website.

Termination:

We may, in our sole discretion, suspend or terminate your access to or use of all or part of our Services, without prior notice, for any reason, including but not limited to your breach of these Terms.

Upon termination, your right to use the Services will immediately cease.

Indemnification: You agree to defend, indemnify, and hold Mountain West Digital Marketing Agency and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

INTELLECTUAL PROPERTY Our Proprietary Rights: The Services, including all content, features, and functionality, are owned by Mountain West Digital Marketing Agency and are protected by intellectual property laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or otherwise use any of our intellectual property without our express written consent.

No Resale or Unauthorized Use: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. You shall not attempt to access the Services by any means other than through the interface provided by us.

DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOUNTAIN WEST DIGITAL MARKETING AGENCY EXPRESSLY DISCLAIMS 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. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN WEST DIGITAL MARKETING AGENCY SHALL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES.

GENERAL TERMS

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Jurisdiction: You agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, for the resolution of any disputes arising out of or relating to these Terms or the Services.

Entire Agreement: These Terms constitute the entire agreement between you and Mountain West Digital Marketing Agency and supersede all prior or contemporaneous communications and proposals, whether oral or written, regarding the Services.

Waiver and Severability: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, 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 Terms shall remain in full force and effect.

. Limitation of Actions: Any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arises.

Terms of Service

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