See also our Privacy Policy.
Introduction
This Site and all linked pages (collectively known as the “Site”) are provided to you by gomof.com. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you agree to be bound by these Terms and Conditions of Use, whether or not you have read them. If you do not agree, do not access this Site. Your continued use of the Site indicates your acceptance of these Terms and Conditions of Use as presented or as modified in the future.
Agreement & Site Use
A. This Agreement, which incorporates by reference other provisions applicable to use of the Site, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in the Site, sets forth the terms and conditions that apply to use of the Site by the User. By using the Site (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of the User’s password(s), if any.
B. Marketing On Fire (“MOF”) shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Use of Services
The Services may contain some if not all of the following: email services, website builder, video training courses, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the User to communicate with others (each a “Communication Service” and collectively “Communication Services”). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not and will not enable or cause another to:
- A. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consent.
- C. Use any material or information in any manner that infringes any proprietary right; upload files that contain malware; advertise or offer to sell or buy goods or services for any business purpose unless permitted; download any file posted by another user that the User knows, or reasonably should know, cannot be legally reproduced; falsify or delete any copyright management information; restrict or inhibit any other user from using and enjoying the Communication Services; violate any applicable laws or regulations.
- D. Create a false identity for the purpose of misleading others; use, download or otherwise copy, or provide to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
MOF has no obligation to monitor the Communication Services. However, MOF reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion, terminate access, disclose information as necessary, and enforce posted limitations. Always use caution when giving out any personally identifiable information in any Communication Services. MOF disclaims liability for the Communication Services and any actions resulting from the User’s participation therein.
Member Account, Password, and Security
If any of the Services requires the User to open an account, the User must complete the registration process by providing MOF with current, complete and accurate information as prompted. The User is entirely responsible for maintaining the confidentiality of the User’s password and account and for any activities that occur under the account. Notify MOF immediately of any unauthorized use or breach of security. MOF will not be liable for losses incurred by unauthorized use of the User’s account.
Notice Specific to Software Available on This Site
Any software made available to download from the Services (“Software”) is the copyrighted work of MOF and/or its suppliers. Use of the Software is governed by the License Agreement accompanying or included with the Software. Copying or reproduction of the Software for redistribution is prohibited unless expressly permitted. The Software is warranted, if at all, only according to the License Agreement. MOF disclaims all other warranties and conditions regarding the Software. Please respect others’ intellectual property rights.
Data Processing Agreement (“DPA”)
Collection Fee
In the event an account is submitted to a third-party collections service, a $45.00 processing fee may be assessed. This fee is in addition to any other fees previously assessed on the account.
This MOF Data Processing Agreement (“DPA”), that includes the Standard Contractual Clauses adopted by the European Commission, as applicable, reflects the parties’ agreement with respect to the terms governing the Processing of Personal Data under the MOF Customer Terms of Service (the “Agreement”). This DPA is an amendment to the Agreement and is effective upon its incorporation into the Agreement. We periodically update these terms; active subscribers will be notified via email or in-app notification.
1. Definitions
“Controller”, “Data Protection Law”, “Data Subject”, “GDPR”, “Instruction”, “Personal Data”, “Personal Data Breach”, “Processing”, “Processor”, and “Standard Contractual Clauses” have the meanings set out herein consistent with applicable law.
2. Details of the Processing
a. Categories of Data Subjects: Controller’s Contacts and other end users (employees, contractors, collaborators, customers, prospects, suppliers, subcontractors), and individuals attempting to communicate with Controller’s end users.
b. Types of Personal Data: Contact Information, navigational data, email data, system usage data, application integration data, and other electronic data submitted or processed via the Subscription Service.
c. Subject-Matter and Nature: Provision of services involving Processing of Personal Data per the Agreement and Orders.
d. Purpose: Providing the services and as otherwise instructed by Controller.
e. Duration: For the duration of the Agreement, subject to Section 4.
3. Controller Responsibility
Controller is solely responsible for complying with statutory requirements relating to data protection and privacy, including disclosures, transfers, and instructions. This DPA is Customer’s complete and final instruction to MOF regarding Personal Data unless otherwise agreed in writing.
4. Obligations of Processor
a. Compliance with Instructions; legal conflicts will be communicated, and processing paused if required.
b. Security: Appropriate technical and organizational measures per Appendix 2.
c. Confidentiality: Personnel processing Personal Data are bound by confidentiality obligations.
d. Personal Data Breaches: Processor will notify Controller without undue delay and assist as required.
e. Deletion/Retrieval: Upon termination, delete or return Personal Data unless prevented by law.
f. DPIAs and Consultation: Provide reasonable assistance with DPIAs and supervisory consultations as applicable.
5. Data Subject Requests
Processor will enable Controller to respond to Data Subject requests using the Subscription Service and provide reasonable assistance where required.
6. Audits
Upon reasonable written request and notice, Processor will make available information and facilitate audits consistent with law and this DPA.
7. Sub-Processors
a. Appointment: Controller consents to affiliated companies and listed third parties as sub-processors; Processor remains liable for sub-processor obligations.
b. Notifications/Objections: Controller may object to new sub-processors within 30 days of notice; unresolved objections may lead to termination and refund of prepaid, unused fees.
8. Data Transfers
Personal Data may be transferred to MOF, Inc. in the United States and processed globally as needed. Appropriate safeguards (including SCCs) will apply for transfers outside the EEA to non-adequate jurisdictions. If a relied-on mechanism is invalidated, parties will cooperate to adopt an alternative.
9. General Provisions
Updates follow Agreement provisions. In case of conflict, the DPA prevails over the Agreement, subject to SCC precedence as specified. Certain audit and sub-processing terms are as adapted herein.
10. Parties to this DPA
This DPA forms part of the Agreement between Controller and the MOF entity party to the Agreement. MOF, Inc. may also be a party for SCC purposes.
Exhibit 1 — Standard Contractual Clauses
The Customer (data exporter) and Marketing On Fire Inc., 412 N. Main Street, STE 100, Buffalo, Wyoming 82834 (data importer) agree to the SCCs for transfers to processors in third countries without adequate protection, including Clauses 1–12 and Appendices 1–2, as reproduced in full in your original text above.
Appendix 1 — Details of Processing
A. Data exporter: The Customer, as defined in the MOF Customer Terms of Service.
B. Data importer: MOF, Inc., a global provider of inbound marketing and sales software.
C–F. As set out in Section 2 above; no special categories anticipated.
Appendix 2 — Technical and Organizational Security Measures
MOF observes practices including access control, prevention of unauthorized access/use, limitations of privilege, background checks, in-transit and at-rest encryption, logging/detection, incident response and communication, availability and fault tolerance, backups/replication, and failover. See full description in your original text above for detailed controls.
Dispute Resolution
All disputes between you and MOF arising or relating to these Terms, the Site, related promotions, transactions, or the resulting relationship shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes. Class actions/class-wide arbitration are waived. If the class waiver is unenforceable in a particular case, this arbitration agreement is null and void in that case. This agreement is governed by the Federal Arbitration Act and, where consistent, Wyoming law. MOF may change this provision prospectively. This provision survives termination.
Termination
MOF may at any time and in its sole discretion terminate your right to use this Site.
Governing Law
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of Wyoming, without regard to its conflict of laws provisions.
Membership Plans
Multiple Membership plans (“MOF Online”) may be made available from time to time. Each User can have only one active Membership at any time.
If you have purchased a Subscription designated as “Lifetime Access,” such Subscription and your access to the Products will terminate the sooner of (i) ten (10) years from the date of purchase or (ii) MOF ceasing to commercially offer the subscribed Products.
Consent to Electronic Communications
You consent to receive communications about your MOF Online Membership electronically (email or posted notices). Such communications satisfy any “in writing” requirements. MOF may send account notices and service information as part of your subscription.
Promotional Offer
From time to time, MOF may offer a reduced Membership fee for a specified promotional period. After the promotional period, the regular fee applies unless canceled, subject to the offer terms.
Modifying Your MOF Memberships
You may upgrade/downgrade/change your plan without a lapse. Visit gomof.com > “My Account.” By modifying your Membership, you authorize automatic renewal on each monthly anniversary of the new plan until canceled.
Notice Specific to Documents Available on This Site
Permission to use Documents (white papers, press releases, datasheets, FAQs) is granted provided that copyright and permission notices appear, use is informational and non-commercial/personal, and no modifications are made. MOF disclaims warranties and liability as detailed in your original text.
Materials Provided to MOF or Posted at Any of Its Sites
MOF does not claim ownership of Submissions but you grant MOF a license to use them for operating its Internet businesses, including copying, distribution, display, performance, editing, translation, reformatting, and sublicensing. You warrant rights to posted content and, for images, that consents exist as required.
Disclaimer of Warranty; Limitation of Liability
THE SITE IS PROVIDED “AS IS.” USE IS AT YOUR SOLE RISK. MOF DISCLAIMS ALL WARRANTIES TO THE EXTENT PERMITTED BY LAW AND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR CERTAIN OTHER DAMAGES, as detailed in your original text, including force majeure provisions.
Links to Third Party Sites
Links are provided for convenience; MOF is not responsible for linked content or transmissions and does not imply endorsement. MOF is a distributor and publisher of its own content; some content is supplied by third parties and Users. MOF does not guarantee accuracy or usefulness of such content.
Unsolicited Idea Submission Policy
MOF and its personnel do not accept or consider unsolicited ideas. If you submit ideas despite this policy, MOF offers no assurances of confidentiality or proprietary treatment.
Monitoring
MOF may monitor the Site to determine compliance and satisfy legal requirements and may edit, refuse to post, or remove material at its discretion.
Indemnification
The User agrees to defend, indemnify and hold harmless MOF, its affiliates, and personnel from claims and expenses (including attorneys’ fees) arising out of the User’s use of MOF or the User’s account.
Miscellaneous & Copyright
This Agreement and Site operating rules constitute the entire agreement and supersede prior agreements regarding the Site. Wyoming law governs. No waiver of any breach is a waiver of any other breach.
MOF and its logos are trademarks of Marketing On Fire, Inc. All other third-party trademarks are the property of their respective owners.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER PURPOSE.
The Site is copyrighted by gomof.com. No part may be copied or changed in any format, sold, or used in any way without permission. MOF’s name, design, and related marks are the property of Marketing On Fire, Inc. © 2025. All rights reserved.
Contact
Marketing On Fire, Inc. — Contact us: [email protected]