TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
The following are terms of a legal agreement between you and Saddleback SEO Inc. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
This statement covers all of the Saddleback SEO websites and any associated content. Please read this statement carefully before accessing any of the Saddleback SEO websites including our mobile websites. Your use of the Saddleback SEO websites indicates your agreement to abide by the Terms in effect.
TERMS OF ADVERTISING SERVICE
You agree to the following terms and disclosures for our advertising service:
• The advertising services we will provide for you are stated in your Service Agreement.
• The business listings that we will claim and conduct advertising efforts on your behalf may include and not be limited to Google Places and other such website business listing services.
• We will attempt to get your business listing on these platforms to rank in the top tier page 1 for your selected keywords.
• We will develop content or use content that you have provided which includes video, pictures, articles, reviews and directory listings that we will post with your business listing accounts.
• Saddleback SEO has no control over the policies of Google or other such listing services and search engines with respect to their proprietary platform and the rules by which they govern their platform which may impact your listing and your listing’s ranks in a favorable or unfavorable manner.
• The service will be subject to fees as set forth in your service agreement
• The term is set forth in your service agreement.
• If your business listings drop in the search rankings you are still responsible for the service payments as we continue the work of maintaining and improving your listing keyword rankings.
• Saddleback SEO and Client agree that the Service Agreement and these Terms of Advertising Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
• We are not responsible for your website and you are responsible for the content found on your website, even if the visitors have reached your website through our marketing efforts.
• In any action or proceeding to enforce rights under the Agreement, Saddleback SEO will be entitled to recover its costs and attorneys’ fees.
• The Agreement shall be governed by the laws of the state where Saddleback SEO has located its principal place of business without regard to its choice of law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to where Saddleback SEO is headquartered.
Note: Unless noted on the signed agreement, maintenance fees begin after the initial 30 day setup period.
TERMS OF TEXT MESSAGE MARKETING SERVICE
You agree to the following terms and disclosures for our text message marketing service:
• The service may only be used for lawful purposes.
• The service is subject to a monthly subscription fee as set forth in your service agreement.
• You agree you will not access or otherwise use ANY third party mailing lists for email addresses, instant message screen names, or mobile phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you (“Permission Based Lists”) in connection with your use of the service. You hereby covenant that you shall not use any other lists in connection with your use of the service.
• You acknowledge and agree that not all messages sent via Internet Marketing Dallas’ service will be received by their intended recipients.
• Every message sent by you in connection with the service must contain Saddleback SEO’s ”unsubscribe” link or STOP instruction (in case of mobile text message) that allows the recipient to remove themselves from your mailing distribution list(s).
• You will comply with the restrictions on the content of the messages and the activities using the service as set forth in this agreement.
• You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. In particular, alcoholic beverages or entertainment content or promotions targeted for people over 21 years of age have to be clearly marked with such age limitation.
• You will adopt and maintain the Privacy Policy, which may be modified by Saddleback SEO at anytime.
• Saddleback SEO, at its own discretion and at anytime, may immediately disable your access to the service without refund if Saddleback SEO believes in its sole discretion that you have violated any of the policies listed above or anywhere else in this Agreement.
• If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
• Saddleback SEO and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
• No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Saddleback SEO in any respect whatsoever.
• In any action or proceeding to enforce rights under the Agreement, Saddleback SEO will be entitled to recover its costs and attorneys’ fees.
• The Agreement shall be governed by the laws of the state where Saddleback SEO has located its principal place of business without regard to its choice of law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to where Saddleback SEO is headquartered.
Indemnification: You hereby agree to defend, indemnify and hold harmless Saddleback SEO and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the service. In addition, you acknowledge and agree that Saddleback SEO has the right to seek damages when you use the service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
Warranty Disclaimer: Use of the service and any reliance by you upon the service, including any action taken by you because of such use or reliance is at your sole risk. Saddleback SEO does not warrant that the service will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from use of the service. The service is provided “as is” and Saddleback SEO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Termination: You may terminate this Agreement at any time by notifying Saddleback SEO Customer Support. There are no refunds for any fees paid. Saddleback SEO may terminate this Agreement or the service, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Saddleback SEO shall have no liability to you or any third party because of such termination or action. Saddleback SEO may delete any of your archived data within 30 days after the date of termination. If your account is classified (at Saddleback SEO’s sole discretion) as inactive for over 180 days, Saddleback SEO has the right to permanently delete all of your account data.
Prohibited Content: Saddleback SEO prohibits the use of the service by any business, person, or entity that: Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Displays or markets material that exploits children. Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content. Posts or discloses any personally identifying information or private information about any person without their consent (or their parents consent in the case of a minor). Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet. Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings. Engages in any libelous, defamatory, scandalous, threatening, harassing activity. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Provides content of authors, artists, photographers or others without the express written consent of the content owner.
