Terms of Service

1. Acceptance of Terms

Welcome to Nito Marketing Enterprises, LLC. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nito Marketing Enterprises, LLC ("Company," "we," "us," or "our") governing your access to and use of our website, services, and any related products, software, and applications offered by the Company.

By accessing 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, you must not access or use our services. Your continued use of our services following any changes to these Terms constitutes your acceptance of those changes.

We reserve the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on our website. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.

2. Description of Service

Nito Marketing Enterprises, LLC provides professional marketing services designed to help businesses grow and reach their target audiences. Our services include, but are not limited to:

• Advertising Services: Strategic advertising campaigns across various media channels to promote your products and services.
• Brand Promotion: Development and execution of brand awareness strategies to enhance your market presence and reputation.
• Customer Acquisition: Targeted marketing initiatives designed to attract and convert new customers to your business.
• Digital Marketing Support: Comprehensive digital marketing solutions including search engine optimization (SEO), social media marketing, email marketing, content marketing, and online advertising.

The specific scope of services provided to you will be outlined in a separate service agreement or proposal. These Terms apply as a baseline agreement governing all services provided by the Company.

3. Eligibility

To access and use our services, you must meet the following eligibility requirements:

• You must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is older.
• You must have the legal capacity to enter into a binding contract.
• Our services are intended for business use only. You must be authorized to act on behalf of a legitimate business entity or be operating as a sole proprietor with a legitimate business purpose.
• You must not be prohibited from using our services under applicable law or as a result of a previous suspension or termination of your access.

By using our services, you represent and warrant that you meet all eligibility requirements and will provide accurate and complete information when requested.

4. User Responsibilities

As a user of our services, you agree to the following responsibilities:

• Provide accurate, current, and complete information when requested by the Company.
• Maintain the confidentiality of any account credentials or access information provided to you.
• Promptly notify the Company of any unauthorized use of your account or any other breach of security.
• Ensure that all materials, content, and information you provide to the Company do not infringe upon the intellectual property rights or other rights of any third party.
• Cooperate with the Company in the performance of services and provide timely feedback and approvals as reasonably requested.
• Comply with all applicable laws, regulations, and industry standards in connection with your use of our services.
• Pay all fees and charges associated with the services in accordance with the applicable service agreement.

You are responsible for all activities that occur under your account and for ensuring that your use of our services complies with these Terms.

5. Prohibited Uses

You agree not to use our services for any purpose that is unlawful or prohibited by these Terms. Prohibited uses include, but are not limited to:

• Violating any applicable federal, state, local, or international law or regulation.
• Infringing upon the intellectual property rights, privacy rights, or other legal rights of any person or entity.
• Distributing malware, viruses, or any other harmful code or technology.
• Engaging in fraudulent, deceptive, or misleading activities.
• Harassing, abusing, or harming another person or entity.
• Attempting to gain unauthorized access to any portion of our services or any systems or networks connected to our services.
• Interfering with or disrupting the operation of our services or the servers or networks used to make our services available.
• Using our services to promote illegal activities, hate speech, discrimination, or content that is defamatory, obscene, or otherwise objectionable.
• Reselling, sublicensing, or otherwise transferring your rights to use our services without our prior written consent.
• Using automated systems, bots, or scripts to access our services without prior written authorization.

We reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by law.

6. Intellectual Property

6.1 Company Intellectual Property

All content, materials, and intellectual property associated with our services, including but not limited to text, graphics, logos, images, software, and any other works, are the property of Nito Marketing Enterprises, LLC or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our intellectual property without our prior written consent. Limited, non-exclusive, non-transferable use of certain intellectual property may be granted as part of a specific service agreement.

6.2 User Content and Materials

You retain ownership of all content, materials, and information you provide to the Company, including but not limited to business materials, branding assets, product information, and customer data. By providing such materials, you grant the Company a limited, non-exclusive, royalty-free license to use such materials solely for the purpose of performing the services contracted.

You represent and warrant that you have all necessary rights, licenses, and permissions to grant the Company such license and that the use of your materials will not infringe upon the rights of any third party.

6.3 Work Product

The ownership and rights to any work product, deliverables, or creative materials developed by the Company in the course of providing services will be governed by the terms of the applicable service agreement between you and the Company. In the absence of specific contractual terms, the Company retains all rights to preliminary materials, concepts, and drafts, while final approved deliverables may be transferred to you upon full payment.

7. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NITO MARKETING ENTERPRISES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Our services will meet your specific requirements or expectations.
• Our services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of our services will be accurate or reliable.
• Any errors or defects in our services will be corrected.
• Our services are free of viruses or other harmful components.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NITO MARKETING ENTERPRISES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our services.
• Any unauthorized access to or alteration of your data or transmissions.
• Any third-party conduct or content on our services.
• Any content obtained from our services.
• Any other matter relating to our services.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NITO MARKETING ENTERPRISES, LLC TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS TO THE COMPANY, THE COMPANY'S LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Third-Party Services & Links

Our services may contain links to third-party websites, applications, or services, or may integrate with third-party platforms. We are not responsible for the content, accuracy, practices, or policies of any third-party services. Your use of any third-party services is at your own risk and is subject to the terms and conditions of such third parties.

We do not endorse or make any representations about any third-party services. We encourage you to review the terms and privacy policies of any third-party services you access. We are not liable for any loss or damage caused by your use of any third-party services.

Third-party platforms used in connection with our services (such as social media platforms, advertising networks, or analytics services) may collect information about you. Please refer to our Privacy Policy for information about how we handle data in connection with third-party services.

10. Termination

10.1 Termination by You

You may terminate your use of our services at any time by providing written notice to the Company. Termination may be subject to the terms of any applicable service agreement, including provisions regarding notice periods, termination fees, and outstanding payments.

10.2 Termination by Us

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Causes for termination include, but are not limited to:

• Breach of these Terms or any other agreement with the Company.
• Conduct that we reasonably believe is harmful to other users, the Company, or third parties.
• Failure to pay applicable fees when due.
• Extended periods of inactivity.
• Legal or regulatory requirements.

10.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. We may delete your account and any associated data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our services shall be resolved in the state or federal courts located in Orange County, Florida. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. All modifications will be effective immediately upon posting on our website unless otherwise stated. The date of the last revision will be indicated at the top of this page.

It is your responsibility to review these Terms periodically for changes. Your continued use of our services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of our services.

We may also notify you of material changes to these Terms by sending a notice to the email address associated with your account or by posting a prominent notice on our website.

13. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

14. Miscellaneous

Entire Agreement: These Terms, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of our services and supersede all prior agreements and understandings.

No Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of the Company.

Assignment: You may not assign or transfer these Terms or your rights hereunder without the prior written consent of the Company. The Company may assign these Terms to any affiliate or successor entity without your consent.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Independent Contractors: The relationship between you and the Company is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment relationship, or agency relationship between the parties.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.