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Policies

Terms of Use

Effective · Last updated

These Terms of Use (“Terms”) govern your use of themcsagency.com and the free tools, newsletter and client work hub provided by The MCS Agency LLC (“The MCS Agency,” “we,” “us” or “our”). By using the site, you agree to these Terms. If you do not agree, please do not use the site.

These Terms cover the website. Paid client work is governed by the separate proposal, statement of work or services agreement signed with each client. If that agreement conflicts with these Terms, the signed agreement controls.

Using our site

You may use the site for lawful purposes and in line with these Terms. You must be at least 18 years old, or the age of majority where you live, to submit forms or create an account. If you use the site on behalf of an organization, you confirm that you are authorized to accept these Terms for it.

Free tools, assessments and audits

Our free website audit, Brand Assessment, AI Readiness Assessment, Digital Toolkit and similar resources are provided for general information and planning. Results are generated automatically from the answers you give or from publicly available information about a website, and may be incomplete or inaccurate. They are not legal, financial, accessibility-compliance or other professional advice. Only run the website audit on sites you own or are authorized to review.

Client work hub accounts

Access to the client work hub is by invitation only. If you have an account, you are responsible for:

  • keeping your login details confidential and using a strong password;
  • all activity under your account; and
  • making sure the information, files and links you submit are accurate and that you have the right to share them.

Tell us right away at info@themcsagency.com if you suspect unauthorized use of your account. We may suspend or remove access when an engagement ends, at your organization’s request, or if we reasonably believe an account is being misused.

Acceptable use

When using the site, you agree not to:

  • break any law or infringe anyone’s rights;
  • submit false information, spam, or content that is harassing, hateful, defamatory or obscene;
  • upload or link to malware or anything designed to harm systems or data;
  • try to gain unauthorized access to the site, other accounts or our systems, or test their vulnerability without our written permission;
  • overload or disrupt the site, including through automated scraping or excessive requests to our free tools; or
  • copy, resell or reuse our content or tools for commercial purposes without our permission.

Intellectual property

The site and its content, including text, articles, graphics, logos, images, design, tools and code, are owned by The MCS Agency or our licensors and are protected by copyright, trademark and other laws. “The MCS Agency” and “Digital for the Rest of Us™” are our trademarks. Client logos and case study materials belong to their owners and appear with permission.

You may view, download and print pages for your own personal or internal organizational use, and you may share links to our content. You may not otherwise copy, modify, republish or distribute our content without our written permission. Short quotations with credit and a link back are welcome.

What you send us

You keep ownership of the information and materials you submit. By submitting them, you give us permission to use them to respond to you and provide the services you request, as described in our Privacy Policy. If you send us feedback or ideas, we may use them without any obligation to you.

The site links to and relies on third-party sites and services, such as LinkedIn, Facebook, Calendly and Google. We do not control them and are not responsible for their content, policies or availability. Your use of them is subject to their own terms.

Disclaimers

The site and all content and tools are provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the site will be uninterrupted, error-free or free of harmful components, or that any result, ranking or outcome will follow from using our content or tools. Articles and case studies describe past work and general ideas and do not guarantee similar results.

Limitation of liability

To the fullest extent the law allows, The MCS Agency and its owners, team members and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of or inability to use the site, even if we were told such damages were possible. Our total liability for any claim relating to the site will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to defend and hold harmless The MCS Agency and its owners, team members and contractors from any claims, losses and expenses, including reasonable legal fees, arising from your misuse of the site or your violation of these Terms.

Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law rules. Any dispute relating to the site will be brought only in the state or federal courts located in Hamilton County, Ohio, and you consent to their jurisdiction.

General terms

If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any part of these Terms is not a waiver. These Terms, together with our Privacy Policy, Cookie Policy and AI Usage Policy, are the entire agreement between you and us about the site. We may change, suspend or discontinue any part of the site at any time.

Changes to these terms

We may update these Terms of Use as our services, tools or the law change. When we do, we will post the new version on this page and change the “Last updated” date at the top. If a change is significant, we will take reasonable steps to let you know, such as a notice on the site or an email to clients. Continuing to use the site after an update means the updated Terms of Use apply.

Contact us

Questions about these Terms? Contact us:

The MCS Agency LLC
35 E. 7th Street, Suite 610
Cincinnati, OH
Email: info@themcsagency.com
Phone: (513) 432-7944

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