Last Updated: February 26, 2025
These Terms of Service ("Agreement") govern the use of website design, maintenance, and hosting services ("Services") provided by Greater than Gravity LLC, doing business as Markr ("Markr," "we," or "our"). By using our Services, you ("Client," "you," or "your") agree to the terms outlined below. If you do not agree to these terms, do not use our Services.
1. Scope of Services
Markr offers the following services:
- Website Design: Creation of a professional website using both Client-provided content (e.g., photos and text) and Markr’s proprietary content.
- Maintenance Services: Ongoing updates to content, including text and images, as per the subscription plan.
- Hosting: Optional hosting service for the website.
- Subscription Plans: Clients may subscribe to a plan for ongoing content updates, with varying levels of update hours and turnaround times. Some design changes may be accommodated depending on the selected plan.
2. Refund Policy
All sales are final. Clients may cancel their subscription at any time, but annual upfront payments can only be canceled at the end of the contract term. No refunds will be issued once the payment has been processed.
3. Payment Terms
Accepted Payment Methods: Credit Card only.
Payment Schedule: Clients must pay in advance for subscription services (either annually or monthly). One-time payments for website creation are due upfront.
Missed/Delayed Payments: If payment is missed or delayed, the service may be suspended until payment is received. Accounts that remain unpaid for 30 days may result in termination of service.
4. Client Responsibilities
Clients are not required to provide content but must ensure that their content complies with applicable laws and regulations. Markr will not be responsible for ensuring the legality of client-provided content.
5. Intellectual Property
Ownership: The website design created by Markr is owned by Markr, and the Client retains ownership of any content they provide (e.g., photos, text). Markr reserves the right to use its own proprietary content in the creation of the website.
Restrictions: Clients may not transfer or move their website to another provider. The website design and content are licensed to the Client for use only with Markr’s services.
6. Content
Copyright and Illegal Content: Clients are prohibited from submitting copyrighted, illegal, or infringing content. If such content is submitted, Markr reserves the right to remove it immediately and take necessary actions, including compliance with the DMCA process.
Prohibited Content: Markr will not host or permit any content that is illegal, harmful, defamatory, discriminatory, offensive, or otherwise violates any applicable laws or regulations, including adult material, hate speech, or unlawful content.
7. DMCA Takedown Process
If you believe that your content or the content of others on a Markr-hosted site infringes on your copyrights, you may submit a DMCA takedown request to us at dmca@markr.studios. Requests must include the necessary details per the DMCA guidelines. Markr will review and take appropriate action on all valid requests. Please note that any malicious or false DMCA claims may result in the termination of services.
For legal inquiries, please contact legal@markr.studios.
8. Privacy and Data
Markr does not collect patient data. We may collect and use Client information for marketing, sales, and other business activities, in accordance with our Privacy Policy. We do not process patient or healthcare-related data that would require compliance with HIPAA.
9. Term and Termination
Contract Length: The Agreement is ongoing until terminated by either party.
Termination: Either party may terminate the Agreement at any time. Clients on annual plans may cancel at the end of the contract term. No refunds will be issued upon termination.
10. Limitations of Liability
Markr does not accept liability for any issues related to website downtime, data loss, or other technical issues. Services are provided "as is," and Markr is not responsible for any direct or indirect damages resulting from the use or inability to use the website, including loss of profits or business opportunities.
11. Indemnification
Clients agree to indemnify and hold Markr harmless from any claims, damages, or legal actions resulting from the content they submit, including but not limited to claims of copyright infringement, defamation, or violation of laws.
12. Dispute Resolution
In the event of a dispute, the parties agree to resolve the issue through mediation or arbitration, rather than in court. The Agreement will be governed by the laws of Washington State.
13. Modifications to Terms
Markr reserves the right to modify these Terms of Service at any time. Clients will be notified of any changes via email or through a prominent notice on our website. By continuing to use our services after changes are made, you accept the revised terms.
Contact Information:
Greater than Gravity LLC
100 N HOWARD ST STE R
SPOKANE WA 99201
Email: legal@markr.studios
DMCA: dmca@markr.studios
Last Updated: February 26, 2025
At Greater than Gravity LLC, doing business as Markr ("Markr," "we," "us," or "our"), we value the privacy of our clients and are committed to protecting your personal information. This Privacy Policy outlines the types of information we collect, how we use it, and the steps we take to safeguard your data.
By using our website and services, you agree to the collection and use of information as described in this policy. If you do not agree with the terms of this Privacy Policy, please do not use our services.
1. Information We Collect
We may collect and store the following types of information:
Personal Information: When you sign up for our services, we may collect personal details such as your name, email address, business name, and contact information.
Payment Information: We collect payment details such as credit card information to process payments for our services.
Usage Data: We may collect information about how you access and use our website, including browser type, IP address, and other diagnostic data.
We do not collect or store sensitive patient data or healthcare-related information.
2. How We Use Your Information
We use the information we collect for various purposes, including:
Providing and maintaining our services.
Communicating with you about your account or updates to our services.
Processing payments and transactions related to your account.
Improving and optimizing our website and services.
Sending you marketing and promotional materials (if you’ve opted in).
3. Data Retention
We retain your personal information only for as long as necessary for the purposes outlined in this Privacy Policy. Once your information is no longer needed, we will securely delete or anonymize it.
4. Sharing Your Information
We do not sell, rent, or trade your personal information. We may share your information in the following circumstances:
With service providers who help us operate our website or provide services to you, such as payment processors or email service providers.
In response to legal requests if required by law, such as subpoenas or government investigations.
With your consent or at your direction.
5. Cookies and Tracking Technologies
We may use cookies, web beacons, and other tracking technologies to improve your experience on our website. These technologies help us analyze trends, administer the site, track user movements, and gather demographic information. You can control cookies through your browser settings, though disabling cookies may affect your ability to use certain features of our website.
6. Security of Your Data
We take reasonable measures to protect the confidentiality and security of your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
7. Your Data Protection Rights
Depending on your location and applicable laws, you may have certain rights regarding your personal data, including:
The right to access, update, or delete your personal information.
The right to restrict or object to certain processing activities.
The right to withdraw consent where we rely on your consent to process your data.
To exercise these rights, please contact us at legal@markr.studios.
8. Children's Privacy
Our services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information as soon as possible.
9. Third-Party Links
Our website may contain links to third-party websites that are not operated by us. We are not responsible for the content or privacy practices of these third-party sites. We encourage you to review their privacy policies.
10. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting a notice on our website or via email.
11. Contact Us
If you have any questions about this Privacy Policy or how we handle your personal data, please contact us at:
Legal Inquiries:
Email: legal@markr.studios
Address: 100 N HOWARD ST STE R, SPOKANE WA 99201
Last Updated: February 26, 2025
At Markr, we respect intellectual property rights and comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work has been infringed upon on a website hosted by Markr, please follow the procedures outlined below to submit a DMCA takedown request.
1. Notification of Alleged Infringement
If you are the copyright owner or an authorized agent of the copyright owner and believe that your copyrighted work has been copied or otherwise infringed upon, you may submit a notification to us under the DMCA. To submit a valid DMCA notice, please provide the following information:
Your contact information: Name, address, phone number, and email address.
Identification of the copyrighted work: Provide a description of the copyrighted work that you believe has been infringed upon.
Identification of the infringing material: Provide the URL(s) or other location information of the material that you believe infringes on your copyrighted work.
Statement of good faith: A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Accuracy of the notification: A statement that the information provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Signature: Your electronic or physical signature.
2. Takedown Procedure
Once we receive a valid DMCA notice, we will take appropriate action, including removing or disabling access to the infringing material. Markr will notify the user who posted the allegedly infringing content and will provide them with an opportunity to file a counter-notice if they believe the material was removed in error.
3. Counter-Notification
If you believe that your material was removed or disabled by mistake or misidentification, you may file a counter-notification. To do so, please provide the following information:
Your contact information: Name, address, phone number, and email address.
Identification of the removed or disabled material: Provide a description of the material that was removed or to which access was disabled and the location where it appeared before it was removed.
Statement of good faith belief: A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Consent to jurisdiction: A statement that you consent to the jurisdiction of the federal court in the district where you are located (or, if outside the United States, to the jurisdiction of the United States District Court for the District of Washington) and that you will accept service of process from the person who submitted the DMCA notice.
Accuracy of the counter-notification: A statement that the information in your counter-notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the content owner.
Signature: Your electronic or physical signature.
Once we receive a valid counter-notification, we will forward it to the original complaining party and may restore the content unless we receive notice that the complainant has filed a legal action seeking to restrain the content.
4. Repeat Infringers
Markr reserves the right to terminate the accounts of repeat infringers in appropriate circumstances.
5. Contact Information for DMCA Notices
All DMCA takedown notices should be sent to:
DMCA Takedown Requests:
Email: dmca@markr.studios
Address: 100 N HOWARD ST STE R, SPOKANE WA 99201
Please note that false claims of infringement can lead to legal consequences, including liability for damages.
Markr provides web design services tailored to healthcare professionals. You agree to use our services only for lawful purposes.
Disclaimers
Markr will not be liable for any indirect, incidental, or consequential damages arising from the use of our services.
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website.
These terms are governed by the laws of the State of Washington. Any disputes will be resolved in the appropriate courts of Seattle.
For any questions regarding these terms, please contact us at support@markr.com.
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website.