PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the ARealMarketer.com website (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations.  In these Terms of Use, the words “you” and “your” refer to each customer and/or Site visitor, “we”, “us” and “our” refer to Real Marketer LLC, the company that operates this Site.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site.  We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact adam@arealmarketer.com.

The Site is not intended for use by anyone under the age of 18 years of age.  By using this Site, you affirm that you are at least 18 years of age and are legally able to enter into a binding contract.  

The Site provides real tips from a real digital marketer and makes marketing program templates available to its paying customers.  

Privacy Policy. We respect your privacy and permit you to control the processing of your personal information that you provide to us, pursuant to our Privacy Policy which can be found here.

You do not need an account to visit the Site and read the information published there. However, if you open an account or publicly comment on any of our posts, you must provide complete and accurate information as requested on the applicable portion of the Site.  Under certain circumstances you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives resulting from someone else’s use of your account or password.

In connection with the use of certain of our products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document. This information will be used as provided in our Privacy Policy. If you purchase Templates or other products or services from us, you will be asked to provide payment information.  We do not retain or process this information.

This Site is owned and operated by Real Marketer LLC.  All content on this Site (“Site Content”), as well as the selection and arrangement of such content is protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Except as expressly provided herein or in a separate license agreement between you and us, we do not grant any express or implied permission to use any Site Content.  You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Site Content.  In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site. Except as otherwise expressly provided by us, none of the Site Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way.  Any rights not expressly granted to you herein are reserved by Real Marketer LLC.

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by us. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademark, unless expressly conferred by these Terms of Use.  You agree that you will not: (a)  use any Trademarks in any manner that might tarnish, disparage, or reflect adversely on us, such Trademarks or the Site;  (ii) use any Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

We hereby grant you a limited, non-exclusive license to view, the Site Content on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that: (it) any  copyright and trademark notices appearing on any Site Content not be altered or removed, (ii) the Site Content is not used on any other website or in a networked computer environment (iii) the Site Content is not sold or transferred to third parties, (iv) the Site Content is not modified in any way, except for authorized editing of downloadable templates. This license will terminate fully and automatically without notice if you breach any of the terms or conditions of these Terms of Use or of any other agreement between you and Real Marketer LLC.  Upon such termination, you shall immediately destroy any downloaded and/or printed Site Content and all copies thereof.  Any unauthorized use of any Site Content may violate copyright laws, trademark laws, rights of privacy and publicity and communications regulations and statutes. Real Marketer LLC reserves all rights it now has or in the future may have against any party or parties that violate any of Real Marketer LLC’s rights.

We currently offer templates (“Template”) on the Site to assist you in your marketing campaigns. If you buy or download a template or other form from us, your use of such form or Template is governed by these Terms of Use. 

1. Provided that you have paid all sums due to us for the use of the applicable Templates, we hereby grant you a limited, personal, non-exclusive, non-transferable license to use such Templates for your own personal, internal business use. Except as otherwise expressly provided herein, you acknowledge and agree that you have no right to transfer, sell, make available for download, modify, edit, copy, reproduce, create derivative works based upon, reverse engineer, alter, enhance or in any way exploit any of the Templates in any manner, except for completing the information called for in the Template.  You shall not remove any copyright notice or trademark attribution from any Template.
2. By ordering or downloading Templates, you agree that the Templates you license or download may only be used by you for your personal or business use or used by you in connection with a third party for whom you render marketing services.  Templates may not be sold or redistributed without our express written consent in each instance.

We may permit visitors to post comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

1. We are not the publisher or the author of the User Content. We are not responsible for any content posted by you or any third party.  If we determine that any User Content poses a threat to the proper operation of the Site or to the security of other members, we have the right, but not the obligation to delete such User Content.  If we suspect that a user name is being used by someone who is not authorized by the proper user, we may disable that user’s access.  We reserve the right, in our sole and absolute discretion, to edit, redact, remove, relocate or otherwise change any User Content.
2. You are legally responsible for any User Content posted by you.  You agree that you will not submit any content: (i) that is known by you to be false, inaccurate or misleading; (ii) that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or the rights of publicity or privacy;  (iii) that violates any law, statute, ordinance, or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising; (iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct; (v) that includes advertisements or spam; (vi) that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; (vii) that contains any computer virus, worms, or other potentially damaging computer programs or files; or (viii) that otherwise violates these Terms of Use.
3. All uses of the Site, Templates and Site Content are at all times subject to the laws regarding copyright, trademark and other intellectual property. You agree not to use the Site to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights, including the rights of privacy and publicity. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit or that is provided or transmitted using your user account.
4. We have the right (but as between us, not the obligation), to immediately remove any content, or materials that infringe our rights or the rights of any third party or that violate intellectual property rights generally. It is our policy to remove such infringing content or materials and investigate such allegations expeditiously.
5. You hereby grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate your User Content into any form, medium, or technology throughout the world without compensation to you. 

Although we cannot make an absolute guarantee of system security, we take commercially reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help. The Site, and Site Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranty that: (i) the Site, the Templates or Site Content  will meet your requirements; (ii) the Site or the Site Content will be available on an uninterrupted, timely, secure or error-free basis; (iii) the results that may be obtained from the use of the Site, or any materials offered through the Site, will be accurate or reliable; or (iv) the quality of any products, services, information or other materials, including the Templates, purchased or obtained by you through the Site or in reliance on the Site Content will meet your expectations.  While we take reasonable measures to assure that all Site Content and Templates are free of viruses, malware and the like, obtaining any Templates or other materials through the Site is done at your own discretion and at your own risk. We have no responsibility for any damage to your computer system or loss of data that results from the download or use of any Templates, Site Content.

Except as prohibited by law, you will hold us and our officers, directors, members, managers, employees and agents harmless from any indirect, punitive, special, incidental, or consequential damages (and all related costs and expenses of litigation and arbitration, at trial or on appeal, if any, including attorneys’ fees, whether or not litigation or arbitration is instituted), however such damages arise, whether in an action in contract, negligence, or other tortious action, or arising out of or in connection with these Terms of Use, the Site, the Site Content or the Templates, including without limitation, any claim for personal injury or property damage, even if we were previously advised of the possibility of such damages. Except as prohibited by law, in the event that a court or other body determines that we are liable to you or a third party for damages or other losses, our liability shall be limited to the amount paid by you, or such third party for the subject products and/or services and under no circumstances will we be liable for consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you. 

We take intellectual property rights and allegations of infringement seriously. We comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) as it applies to online service providers and have enacted a policy that provides for the prompt removal from the Site of any User Content alleged to infringe the copyright of third parties.  Under appropriate circumstances we will terminate the accounts of subscribers who are repeat infringers.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on the Site, you may notify our copyright agent at the following email address adam@arealmarketer.com.  Such notification of claimed infringement must be in writing and include substantially the following:   (i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

1. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send us a written counter-notice containing the following information: (i) Your physical or electronic signature; (ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.   

We strive to provide full access to the Site to all persons.  If you are unable to read any part of the Site or otherwise have difficulties using the Site, due to a disability, please contact adam@arealmarketer.com. 

Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. We reserve the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in our opinion, such action is necessary or desirable.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.