Terms and Conditions of Service
Last updated: April 8, 2024
Please read these Terms and Conditions of Service carefully before using Our Service.
These Terms and Conditions of Service act as a legally binding Agreement between Us and the users of Our Service. It sets rules and guidelines that users must agree to and follow in order to use and access Our Website.
Interpretation and Definitions
Interpretation
Words in these Terms and Conditions of Service, having an initial letter that is capitalized, have specific meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions of Service:
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and sets out preliminary information to which prospective Clients must agree to utilize our Solutions.
Your access to and use of the Service and any of Our Solutions is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service and/or Our Solutions.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service, nor may you retain us for the Solutions We provide.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
General Premises and Purpose
The purpose of Our Website is to serve as a source of information pertaining to Our Solutions and a means of outreach to connect with users who may desire the Solutions We and Our Provider Partners provide.
Personally-identifying information that You provide to Us via Our Website may be shared with one or more of Our Provider Partners for the purpose of fulfillment of any request(s) You submit to Us for implementation of Our Solutions.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Solutions
The Company offers various Solutions related to improving the online visibility and search engine ranking of Client websites, including but not limited to SEO audits, keyword research, content optimization, link building, and analytics reporting. We also offer lead generation to increase the volume of inbound contacts for Clients.
No Guarantees
While We make every reasonable effort to improve the search engine ranking and online visibility of Client websites, it is important to note that the determination of search engine results page (SERP) rankings is ultimately controlled by search engine algorithms, which are subject to change without notice. Therefore, the Company makes no guarantees regarding the specific placement or ranking of Client websites in search engine results.
Furthermore, as regards lead generation, We make every reasonable effort to obtain some qualifying information from prospective customers for and on behalf of our Clients, though it is ultimately Client’s sole responsibility to conduct more comprehensive investigation and convert their prospects into profitable customers. We strive to provide Our Clients with high-quality leads, but We cannot extend any guarantee concerning their quality, their “place in a buying cycle,” or other such factors.
Client Responsibilities
The success of Our Solutions is dependent on various factors, including but not limited to website content, industry competitiveness, and search engine algorithms.
Clients are responsible for providing accurate and up-to-date information about Their website, target audience, and business goals to facilitate effective Solutions delivery.
Clients agree to cooperate with the Company and provide timely feedback and access to necessary resources for the execution of Solution strategies.
Intellectual Property
All intellectual property rights related to the Solutions provided by the Company, including but not limited to SEO strategies, reports, and recommendations, shall remain the property of the Company.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its Provider Partners be liable for any direct, indirect, incidental, special, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service and/or Solutions, third-party software and/or third-party hardware used with the Service and/or Solutions, or otherwise in connection with any provision of these Terms) arising out of or in any way connected with the use of Our Service and/or Solutions, even if the Company and/or any Provider Partner and/or any other supplier has/have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Client agrees that the Company’s liability, if any should be determined otherwise to exist, shall be limited to the amount most recently paid by the client for the Solutions provided and shall serve as their exclusive remedy.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Provider Partners, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service and/or Solutions, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service and/or Solutions will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of Our Provider Partners makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service and/or Solutions will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service or Solutions; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service and/or Solutions will cease with immediate effect.
Governing Law
The laws of the Jurisdiction, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of Our Solutions may also be subject to other local, state, national, or international laws.
Dispute Resolution
In the event of any dispute arising out of or relating to these Terms and Conditions of Service or the Service and/or Solutions We provide, both parties agree to first attempt to resolve the dispute informally by communicating with each other directly.
If the parties are unable to reach a resolution within a reasonable period, both parties agree to resolve the dispute through binding arbitration administered by a mutually agreed-upon arbitrator. The arbitration shall be conducted in accordance with the rules of an approved American Bar Association-recognized Alternative Dispute Resolution (ADR) Organization, and the decision rendered by the arbitrator shall be final and binding upon both parties. Each party shall bear their own costs associated with the arbitration, and the parties shall equally share the fees and expenses of the arbitrator.
This arbitration provision shall not preclude either party from seeking injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. By agreeing to these Terms, the parties waive their right to participate in any class action lawsuit or class-wide arbitration. Any arbitration proceedings shall be confidential, and the award shall be enforceable in any court of competent jurisdiction.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country of which you are a resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service and/or Solutions after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service and/or Solutions.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us via email at the address shown in the footer of Our Website.