TERMS & CONDITIONS
Terms and Conditions for NetScore and NetScore AppLast Updated: February 8th, 2025
**PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE NETSCORE WEBSITE, APPLICATION, AND SERVICES. BY ACCESSING OR USING THE NETSCORE PLATFORM OR THE NETSCORE APP (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE THE SERVICE._
1. Introduction
1.1 About NetScore
NetScore provides digital marketing services and analytics through its website and mobile application (the “NetScore App”). These Terms govern your access to and use of our Service, including any updates, modifications, or enhancements.
1.2 Applicability
These Terms apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Acceptance of Terms
2.1 Binding Agreement
By accessing or using the Service, you confirm that you accept these Terms and agree to be legally bound by them. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2.2 Modifications
NetScore reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or within the App. Your continued use of the Service following any changes constitutes your acceptance of the new Terms.
3. Description of Services
3.1 Service Overview
NetScore offers digital marketing services, including data analytics, campaign management, lead generation tools, and performance tracking, accessible via our website and the NetScore App.
3.2 Access and Use
Subject to your compliance with these Terms, NetScore grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
3.3 Service Modifications
NetScore reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4. User Accounts and Registration
4.1 Account Creation
Some features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
4.2 Account Security
You are responsible for safeguarding your password and other login credentials. You agree to notify NetScore immediately of any unauthorized use of your account. NetScore is not liable for any loss or damage arising from your failure to protect your account.
4.3 Prohibited Uses
You agree not to use the Service for any unlawful or unauthorized purpose. In addition, you agree not to engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
5. Intellectual Property
5.1 Ownership
All content, trademarks, logos, and data provided on the Service are the property of NetScore or its licensors. Nothing in these Terms grants you any rights in or to the intellectual property owned by NetScore or its licensors.
5.2 User Content
If you submit or post any content to the Service (“User Content”), you grant NetScore a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content.
5.3 Prohibited Intellectual Property Infringement
You represent and warrant that you have all necessary rights to submit any User Content and that such submission does not infringe or violate the rights of any third party.
6. Payments, Fees, and Billing
6.1 Paid Services
Certain features of the Service may require payment. By purchasing access to or using paid features, you agree to pay all applicable fees. All fees are non-refundable unless otherwise stated in writing.
6.2 Billing
You agree to provide current, complete, and accurate billing information and to promptly update such information if it changes. Unauthorized use of a payment method or billing information is your responsibility.
6.3 Changes in Fees
NetScore reserves the right to modify its pricing and payment policies at any time. Changes will be communicated in advance when possible and will be effective for new subscriptions or usage going forward.
7. Privacy
7.1 Data Collection
Your use of the Service is also governed by our
Privacy Policy
(which is incorporated into these Terms by reference). Please review our Privacy Policy to understand our practices regarding your personal data.
7.2 Consent
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
8. Disclaimer of Warranties
8.1 AS IS BASIS
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 NO GUARANTEES
NetScore does not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk.
8.3 Third-Party Links
The Service may contain links to third-party websites or resources that are not owned or controlled by NetScore. NetScore is not responsible for the availability, accuracy, or content of such third-party sites.
9. Limitation of Liability
9.1 Exclusion of Damages
To the maximum extent permitted by applicable law, NetScore and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Service.
9.2
Total Liability
In no event shall NetScore’s total liability to you for all claims exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months prior to the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless NetScore, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.
11. Termination
11.1 Termination by You
You may terminate your account at any time by following the instructions provided in the Service. However, termination does not relieve you of any obligations incurred prior to termination.
11.2 Termination by NetScore
NetScore reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that NetScore believes violates these Terms or is harmful to other users of the Service or to NetScore.
11.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall remain in effect.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Louisiana, without regard to its conflict of laws provisions.
12.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved first through good-faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration in accordance with the rules of the [Arbitration Association/Institution] in the [jurisdiction]. Notwithstanding the foregoing, NetScore may seek injunctive or other equitable relief in any court of competent jurisdiction.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and NetScore regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13.3 Waiver
The failure of NetScore to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without NetScore’s prior written consent. NetScore may assign these Terms without notice or consent.
13.5 Notices
NetScore may provide you with notices, including those regarding changes to the Terms, via email, regular mail, or postings on the Service. Such notices shall be deemed effective upon delivery.
14. Contact Information
If you have any questions about these Terms, please contact us at:
NetScore Support
Email: info@netscorepro.com
Mail: 100 William O Stutes, Suite D, Lafayette, LA 70506
Disclaimer:
These Terms and Conditions are provided for informational purposes only and do not constitute legal advice. You should consult with a qualified attorney regarding your specific circumstances before using or relying on these Terms.