1. About These Terms
These Terms of Service ("Terms") are a contract between you and Tran New Media, Inc. d/b/a Marketing Access Pass ("Marketing Access Pass," "we," "us," or "our"), 975 E. Riggs Rd., #12-175, Chandler, AZ 85249. They apply when you use compass.marketingaccesspass.com (the "Site"), request a free website preview, or subscribe to our Website Plan. By using the Site or requesting a preview, you agree to these Terms. By subscribing to the Website Plan, you also agree to the sections that apply to subscribers. If you are agreeing for a business, you confirm you have authority to bind that business, and "you" means the business.
2. Definitions
"Preview" means the free sample website we build and share with you before you decide whether to keep it.
"Website Plan" means our monthly subscription for a website designed, hosted, and maintained by us, as described on our pricing page at compass.marketingaccesspass.com/pricing (the "Pricing Page").
"Your Website" means the website we launch for you under the Website Plan.
"Your Content" means your business name, logo, photos, text, reviews, testimonials, and other materials that come from you or your business, including materials we gather from your public listings and social pages and any text you approve or add.
"Our Materials" means the designs, layouts, code, templates, and other materials we create or use to build and run websites, other than Your Content.
"Launch" means the date Your Website goes live on your domain.
3. Free Preview
(a) When you request a Preview, we may build it from information that is publicly available about your business, such as your Google Business Profile, reviews, photos, website, and social media pages, along with anything you send us.
(b) Previews are free, and you have no obligation to buy anything. A Preview is normally available for 14 days. It is hidden from search engines, and we will take it down at any time if you ask.
(c) Public information can be outdated or wrong. Before Launch, you are responsible for reviewing the Preview and telling us about anything that is inaccurate or that you do not have the right to use.
(d) We own each Preview until you subscribe. We may decline to build a Preview for any reason. We may show a Preview's design in our portfolio only after replacing your business name, contact details, photos, and other identifying information.
4. The Website Plan
(a) What's included. Your Website Plan includes the items listed on the Pricing Page when you subscribe. These currently include: design and Launch of your homepage on your domain; hosting with a secure (https) address; software maintenance and updates; email support; a login to edit your own text and photos; simple edits and updates on request; and one new page per month when you ask.
(b) Monthly pages. You may request one new page per month. Requested pages are usually ready within five (5) business days after we receive the information we need, but timelines are estimates, not guarantees. Pages you don't request in a month roll over, up to a maximum of three (3) saved pages. Saved pages have no cash value and expire when your Website Plan ends.
(c) Extra pages and custom work. Pages beyond your monthly allowance are priced as shown on the Pricing Page (currently $100 per page, one time). Websites with more than fifteen (15) pages, and custom features such as online stores, membership areas, booking systems, or integrations, are quoted separately, and we will get your approval before starting. Blog posts do not count as pages.
(d) Simple edits. "Simple edits" means small changes to existing pages, such as updating text, hours, prices, or photos. We may quote larger changes, such as redesigns, new features, or major restructuring, as custom work.
(e) Hosting limits. Hosting is for a normal local business website. If Your Website uses unusually high traffic, storage, or resources, or is used for something other than your business website, we may ask you to move to a custom plan.
(f) Your domain. You own and pay for your domain name, and you are responsible for renewing it. We will help you connect it to Your Website. Email hosting is not included unless the Pricing Page says otherwise.
5. Fees, Billing, and Cancellation
(a) Monthly fee. You agree to pay the monthly fee shown on the Pricing Page when you subscribe, plus any applicable taxes. The fee is billed in advance on the same day each month and charged automatically to your payment method until you cancel. By subscribing, you authorize these recurring charges.
(b) Price changes. We will give you at least thirty (30) days' notice by email before any increase in your monthly fee. If you don't want to pay the new price, you may cancel before it takes effect.
(c) Cancel anytime. You may cancel at any time by emailing anthony@marketingaccesspass.com. Cancellation takes effect at the end of your current billing period, and you will not be charged again. Fees already paid are not refundable, and we do not give credits for partial months, except where required by law.
(d) Extra page and custom work fees. These fees are charged when you approve the work and are not refundable once work has begun.
(e) Late or failed payments. If a payment fails, we will let you know. If it remains unpaid more than ten (10) days after the due date, we may suspend Your Website until the payment is made, or end your Website Plan.
6. Your Content and Approval
(a) Your rights. You confirm that you own Your Content or have permission to use it, including photos, logos, and reviews taken from your public listings and pages. If you are not sure whether you have the rights to a photo or other item, tell us and we will replace it.
(b) Approval before Launch. You will review Your Website before Launch. By approving Launch, you confirm that Your Content, including any text we wrote based on your business information, is accurate and that you have the right to use it. After you approve it, that text is considered Your Content.
(c) Accuracy. You are responsible for the accuracy of everything on Your Website. This includes your services, prices, offers, service areas, licenses, certifications, guarantees, and any claims about your results. It also includes making sure reviews and testimonials are real and used in compliance with applicable law, including the Federal Trade Commission's rules on reviews and endorsements.
(d) Our right to use Your Content. You give us permission to use Your Content to build, host, maintain, and improve Your Website. You also allow us to show Your Website in our portfolio unless you ask us not to.
(e) Removal. We may remove or decline to publish content that we believe is unlawful, infringing, misleading, or harmful.
7. Your Editor Login
You are responsible for keeping your login credentials secure and for all changes made through your account. We are not responsible for problems caused by edits you or others with your login make. If a fix is needed, we will let you know if it falls outside simple edits before charging for it.
8. Ownership and What Happens When You Cancel
(a) Your Content belongs to you, and your domain belongs to you.
(b) Our Materials belong to us. While your Website Plan is active and paid, we grant you a non-exclusive, non-transferable right to use Our Materials as part of Your Website.
(c) When your Website Plan ends, your right to use Our Materials under Section 8(b) ends and we will take Your Website offline. However, if you request it in writing before your Website Plan ends or within thirty (30) days afterward, we will transfer Your Website to you at no additional charge, as long as:
(i) all fees you owe us have been paid in full.
If you qualify for a transfer, we will provide the files for Your Website in their current format, along with a copy of Your Content, by download link or another reasonable method we choose. From the date we deliver the files, you receive a perpetual, non-exclusive, royalty-free license to use, modify, and host Our Materials as part of Your Website. We keep ownership of our underlying templates, code libraries, and tools, and we may continue to use them for other clients.
After a transfer, you are responsible for hosting, maintaining, securing, and updating Your Website. We do not provide support, convert files to another platform (such as WordPress), or set up your new host unless you hire us to do so at our hourly rate. Some items, such as stock photos, premium fonts, or third-party software, may be licensed only for use while your site is on our hosting. We will replace or remove those items before the transfer, or tell you which ones you must license yourself. Files are provided "as is."
(d) Whether or not you request a transfer, if you ask within thirty (30) days after your Website Plan ends, we will notify you of your options and provide next steps. After thirty (30) days, we may permanently delete Your Website and its data.
9. Legal Content, Accessibility, and Compliance
(a) Legal Content. You are responsible for the legal and compliance materials on Your Website, including privacy policies, terms, cookie or consent notices, accessibility statements, refund policies, and disclaimers ("Legal Content"). We do not draft, review, or give advice about Legal Content. At your request, we will add Legal Content you provide or that you create with a third-party policy service you choose. We recommend talking with a qualified attorney about your legal obligations.
(b) Accessibility. We design our websites with the goal of meeting the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. However, we do not perform formal accessibility audits or testing with assistive technologies unless you purchase those services separately, and no website can be guaranteed to be fully accessible. Content you add or change, and content you provide, can affect accessibility. You are responsible for providing accurate descriptions of images (alt text) and captions or transcripts for videos you provide.
(c) No compliance promise. We do not represent or warrant that Your Website complies with the Americans with Disabilities Act, the European Accessibility Act, privacy laws, consumer protection laws, or any other law. Hosting, security, and maintenance are technical services, not legal compliance services. As the owner of your business, you are responsible for your business's compliance with the law.
(d) Forms and visitor information. If Your Website includes contact or intake forms, you decide what information they collect and are responsible for how you use and store it. You are also responsible for any privacy notices or consent language required by law. You should not use Your Website's forms to collect payment card numbers, health or medical information, Social Security numbers, or other sensitive information unless we have agreed in writing to set that up.
(e) Notice of claims. If you receive a demand letter, complaint, or lawsuit about Your Website's accessibility, privacy practices, or legal compliance, you agree to notify us in writing within five (5) business days.
10. Third-Party Services
Your Website and our services rely on third-party providers, such as our hosting provider and any booking, map, video, chat (including AI-powered chatbots), payment, or review tools you choose to use. Those providers are responsible for their own services, and we are not responsible for their availability, accessibility, privacy practices, or compliance.
11. Use of Software and AI Tools
We may use software tools, including artificial intelligence ("AI")-assisted tools, to help gather public business information, design, write, code, test, and maintain websites. We review and direct the work we deliver. Elements generated mainly by AI may not be eligible for copyright protection, and any rights you receive in those elements are limited to the rights we hold. You are responsible for reviewing all content before you approve it.
12. Acceptable Use
You may not use Your Website or our services for anything unlawful, deceptive, infringing, or harmful, including spam, malware, or content that violates others' rights. We may suspend or remove Your Website if it is used in violation of this section or if it creates a security or legal risk, and we will tell you why when we can.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, OUR SITE, PREVIEWS, WEBSITE PLAN, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COMPLIANCE WITH LAWS, INCLUDING ACCESSIBILITY AND PRIVACY LAWS. WE DO NOT GUARANTEE THAT YOUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL ACHIEVE ANY PARTICULAR SEARCH ENGINE OR AI SEARCH RANKING, TRAFFIC, CALLS, LEADS, OR SALES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, ANY PREVIEW, THE WEBSITE PLAN, OR YOUR WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES YOU PAID US DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOST DATA. THIS LIMITATION DOES NOT LIMIT YOUR OBLIGATIONS UNDER SECTION 15 OR YOUR OBLIGATION TO PAY FEES.
15. Indemnification
You agree to defend, indemnify, and hold harmless Marketing Access Pass and its officers, employees, and contractors from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Your Content; (b) Legal Content; (c) changes made to Your Website by you or anyone using your login; (d) any claim that Your Website or your business violates the Americans with Disabilities Act, the European Accessibility Act, or any accessibility, privacy, data protection, or consumer protection law; or (e) your breach of these Terms. We will notify you promptly of any claim and reasonably cooperate in its defense. You may not settle a claim in a way that admits fault for us or places obligations on us without our written consent.
16. Using Our Site
The information on the Site is general information about our services and may change without notice. The Site's content, design, and portfolio examples belong to us or our licensors and may not be copied or reused without permission. Links to other websites are provided for convenience, and we are not responsible for their content.
17. Privacy
Our Privacy Policy explains how we collect and use information.
18. Changes to These Terms
We may update these Terms by posting the updated version on the Site. For active Website Plan subscribers, we will also send notice by email at least fifteen (15) days before changes take effect, except for changes required by law or needed to protect security, which may take effect immediately. If you continue your Website Plan after the effective date, you accept the updated Terms. If you do not agree, you may cancel before the effective date.
19. General
(a) Governing law and venue. These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Any lawsuit related to these Terms must be brought in the state or federal courts located in Maricopa County, Arizona.
(b) Disputes. Before filing a lawsuit, the person or business with the complaint will explain it in writing, and we will both try in good faith to resolve it within thirty (30) days. This does not prevent us from collecting unpaid fees.
(c) Assignment. You may not transfer your Website Plan without our written consent. We may transfer these Terms as part of a sale or reorganization of our business.
(d) Notices. We may send notices to the email address on your account, and you may send notices to anthony@marketingaccesspass.com.
(e) Independent contractor. We are an independent contractor and not your partner, employee, or agent.
(f) Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. A failure to enforce any part of these Terms is not a waiver.
(g) Survival. Sections 5 (for amounts owed), 6, 8, 9, 13, 14, 15, and 19 survive the end of your Website Plan.
(h) Entire agreement. These Terms, together with the Pricing Page and any written quote you approve, are the entire agreement between us about their subject matter. If a written quote conflicts with these Terms, the quote controls only as to scope, price, and timeline.
20. Contact
Marketing Access Pass, 975 E. Riggs Rd., #12-175, Chandler, AZ 85249 · anthony@marketingaccesspass.com · 1-800-793-1578
