Terms of Service
Effective Date: January 1, 2025 | Last Updated: January 1, 2025
Welcome to Takeoff Agency. These Terms of Service ("Terms") govern your access to and use of the website takeoffagency.com (the "Site"), and any services, products, or content provided by Takeoff Agency Inc. ("Takeoff Agency," "we," "us," or "our").
By accessing or using our Site and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site or services.
1. Eligibility
You must be at least 18 years of age to use our Site and services. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. User Accounts
Some features of our services may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Keep your login credentials secure and confidential.
- Notify us immediately of any unauthorized access to or use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.
3. Acceptable Use
You agree not to use our Site or services to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon the intellectual property or privacy rights of others.
- Transmit any material that is harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
- Upload or distribute viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts.
- Interfere with or disrupt the integrity or performance of our Site or services.
- Use automated systems (bots, scrapers, crawlers) to access our Site without our written permission.
- Engage in any activity that imposes an unreasonable load on our infrastructure.
- Collect or harvest personal information of other users without their consent.
4. Intellectual Property
4.1 Our Intellectual Property
All content, features, and functionality on our Site -- including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, designs, and the overall look and feel -- are the property of Takeoff Agency Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our prior written consent, except as permitted by these Terms.
4.2 Your Content
By submitting, posting, or uploading content through our services, you grant Takeoff Agency Inc. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting our services.
You represent and warrant that you own or have the necessary rights to grant this license, and that your content does not infringe upon the rights of any third party.
5. Third-Party Services and Integrations
Our services may integrate with or contain links to third-party websites, applications, or services, including but not limited to advertising platforms (Meta, Google, Reddit, LinkedIn), analytics tools, and payment processors. These third-party services are governed by their own terms and privacy policies.
We are not responsible for the content, accuracy, or practices of any third-party services. Your use of third-party services is at your own risk, and we encourage you to review their terms before engaging with them.
6. Payments and Subscriptions
Certain services may require payment. By purchasing a service or subscription, you agree to:
- Pay all fees and charges associated with your account at the prices in effect when incurred.
- Provide valid and current payment information.
- Authorize us (or our payment processor) to charge your payment method for all fees due.
All fees are non-refundable unless otherwise stated in a separate written agreement. We reserve the right to change our pricing with reasonable notice. Continued use of paid services after a price change constitutes acceptance of the new pricing.
7. Disclaimer of Warranties
OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that our Site or services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no warranties regarding the accuracy, reliability, or completeness of any content or information provided through our services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAKEOFF AGENCY INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
- Your access to or use of (or inability to access or use) our Site or services.
- Any conduct or content of any third party on our services.
- Any content obtained from our services.
- Unauthorized access, use, or alteration of your transmissions or content.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9. Indemnification
You agree to indemnify, defend, and hold harmless Takeoff Agency Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of our Site or services.
- Your violation of these Terms.
- Your violation of any rights of a third party.
- Any content you submit, post, or otherwise make available through our services.
10. Termination
We may terminate or suspend your access to our Site and services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
Upon termination, your right to use our Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration in Sheridan County, Wyoming, in accordance with the rules of the American Arbitration Association.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.
12. Changes to These Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect by posting the updated Terms on our Site.
Your continued use of our Site and services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our Site and services.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Takeoff Agency Inc. regarding your use of our Site and services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
15. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us: