PLEASE READ THESE TERMS AND CONDITIONS OF USE AS THEY AFFECT YOUR RIGHTS
So…do you come here often? Whether or not you do, you should still read this because it affects how you can use this website and any related services. Before we get into the legal stuff we want to apologize for the “ALL CAPS”, honestly we don’t mean to yell. In fact, our fancy pants lawyer told us we’re required to let you know that there is some really important stuff that you have to read and agree to before viewing or interacting with us or our website. So without further ado:
THE FOLLOWING “TERMS OF SERVICE AND CONDITIONS OF USE” (“Agreement”) GOVERN YOUR USE OF THE WEBSITE EMINENTSEO.COM (“Site”) MADE AVAILABLE BY EMINENT SEO, L.L.C., an Arizona Limited Liability Company AND ANY RELATED SITES AND SERVICES (TOGETHER “ESEO”). USE OF THIS WEBSITE, AS WELL AS BECOMING A CLIENT OF ESEO, OR ITS RESELLER, REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE AND ANY RELATED SERVICES, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, BECOMING A CLIENT OR RESELLER, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE AND IDENTITY INTRODUCTION
Welcome to ESEO, the company that helps you market to a new world. We are dedicated to providing you with some of the most comprehensive solutions to marketing and design, with a revolutionary interactive platform. The ESEO Site and related services (together “Services”) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the site, whether or not they are a registered user of ESEO. Additional terms, including any Privacy Policies, Reseller Agreements, Purchase and Service Orders, Non-Disclosure Agreements, and other agreements, may apply to those utilizing ESEO Services, including those requirements that govern terms and conditions of payment.
Through its Services, ESEO provides you with access to a variety of resources, including (but not limited to) search engine optimization services, search analytics, content writing, personalized design services, and social media services. Unless we say otherwise, your ability to view, use, or interact with these services is governed by this Agreement. “You” means the individual, company, or legal entity that viewing, interacting, using, or is a client of ESEO or its authorized resellers, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
OUR ELECTRONIC CONTRACT WITH YOU
This Agreement is the electronic contract between you and ESEO, and defines your relationship with us. Since the nature of the internet changes, we must constantly adapt our Site and Services. With that in mind, you understand and agree that the Services we offer are unique, therefore ESEO reserves the right to change this Agreement at any time, and the changes will take effect once they are posted on the Site. In plain English, you need to be aware that: (1) this Agreementis subject to change; (2) it is your responsibility to check for changes; and (3) your use of the Site or Services after it has changed means you accept the changes. If you do not agree with these terms, or any other terms you have been presented with, immediately discontinue use of the Site and Services and notify us of your decision.
NOW THAT YOU’RE HERE, WHAT CAN AND CAN’T YOU DO?
Accepted Use. By viewing, interacting, registering, linking to, using the Site and related Services, and/or becoming a client of ESEO or its Reseller’s, you represent that your use of the Site and related Services complies with, and will continue to comply with for the duration of this agreement, all of the provisions of this Agreement, and does not violate the rights of any person or any duty owed to any other party, and that it does not violate any applicable law. You also agree that you will be solely responsible for the authenticity and/or operation of information you provide, interaction with the site, or in connection with your use of any related services, as well as the accuracy and appropriateness of materials you provide or other websites you partner with. ESEO accepts no responsibility for monitoring individual websites, link partners, Reseller, third party websites, or the user profiles, interactions, or groups of related services. Although ESEO reserves the right to monitor certain activities, it has no obligation or responsibility to monitor, modify, or remove any inappropriate content, or for the conduct of content submitted to our Site or any other site.
Unauthorized Use. We have a strict no robot policy, meaning that in order to access or use this Site or any of our services you must be a human (no zombies either). No automated scripts, programs, scrapers, or bots. You also agree that you will NOT modify, reverse engineer, let others use your account, use our services for anything other than intended (in our discretion), adapt, hack, jack, or do something wiggidy wack like falsely imply a relationship with the ESEO’s Site, Services, or authorized resellers. ESEO reserves the right, in its sole discretion, to determine whether anyone has violated this Agreement. In addition to this, the following is a list of conduct, behavior, and content that you are prohibited from providing, linking to, or implying ESEO has any connection to, as determined by ESEO in its sole discretion, as well as your agreeing that:
You will not use, develop or distribute any automated software programs (bots), scripts, or other applications that are designed to modify, interact, or use the Site and/or Services;
You will abide by all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct (i.e. don’t be a jerkface);
You will not disrupt, attempt to, assist in, prohibit, or diminish any visitor or registered user’s experience or interaction with the Network, Site, or other related service;
You will not reproduce, modify, reverse engineer, disassemble, distribute, transmit, copy, or otherwise create any derivative works of any portion of the Site or Service;
You will not collect, or use any software to collect, the personal information of any kind, impersonate, or create a false identity for any reason, including for the purpose of misleading others;
You will not use, upload, transmit, provide, or distribute any content, images, links, websites, or photographs which you do not own or own the rights to;
You will not interfere with any Site, Service, third party site, or any computer connected to the Site or our Services;
You will not send, post, or request others to send or post, any unauthorized, unsolicited, or unwanted communications, including commercial messages (“spam”), junk mail, chain letters, mass mailing, instant messaging, phishing, or any other related conduct;
You will not post, request, link to, distribute or engage in conduct that is patently offensive;
You will not post, request, distribute or engage in conduct that is sexually explicit or that can be construed as obscene or pornographic;
You will not post, request, distribute or engage in conduct that is or promotes violence, terrorism, profanity, racial, bigotry, hatred, or otherwise objectionable content;
You will not post, request, distribute, or engage in conduct that concerns illegal substances or activities;
You will not post, request, distribute, or engage in conduct that furthers or promotes warez, cracking, phishing, phreaking, blackhat seo, or other similar activity;
You will not develop, post, link to, attempt to utilize ESEO services to link to, or distribute any material or websites that contain viruses or any other computer code, file, or program that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
You will not solicit any personal information from anyone under the age of 18;
You will not utilize our Site or Services for any blackhat SEO methods, as determined by ESEO;
You will not solicit the login information of any other user of the Site or related Services;
You will not use your personal profile, the Site, or Services for commercial gain (i.e. selling your account to others or placing links in your profile or on the site for pure optimization purposes); and
You will not engage in any other prohibited use or prohibited content that is determined by ESEO in its sole discretion;
You will not use or attempt to use another’s account, service or system without authorization from ESEO;
You will not maintain more than one user account per person or company without prior authorization from ESEO.
OWNERSHIP, COPYRIGHTS AND INFRINGEMENTS
Ownership Rights and Licenses. We like our Site and the Services we offer and we have invested quite a lot of time, money, and perspiration in providing some of the best the web has to offer. So it should come as no surprise that we don’t like when people steal our stuff. Stuff, in this sense, includes the copyrighted material, trademarks, and other proprietary information of ESEO and its licensors. Notwithstanding anything in the public domain, or that we gave you express written permission to use, you may NOT copy, distribute, modify, publish, display, sell, barter, exchange, resell, maim, or otherwise redistribute any of our copyrighted material, trademarks, or proprietary information. If you do, we’ll come at you with the proverbial legal stick. By using or interacting with the Site you agree to provide ESEO with a limited license for the use of any information or content you provide.
Infringement Claims. In the event of a claim that your use or participation with the Site or Services, in accordance with the terms of this Agreement, infringes any proprietary right of any third party, ESEO shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes noninfringing, or (c) terminate your participation and rights granted herein.
In addition, the Digital Media Copyrights Act (DMCA) provides copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
4. Your address, telephone number, and email address;
5. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ESEO’s Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
The Kelly Law Firm, L.L.C.
13430 N. Scottsdale Rd.
Scottsdale, AZ 85254
ITS IN ALL CAPS SO IT MUST BE IMPORTANT: WARRANTIES AND LIMITATIONS OF DAMAGES/LIABILITY
THE SITE, NETWORK, OR OTHER OPERATION OF ESEO AND ITS SITE AND SERVICES (COLLECTIVELY “ESEO”), ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. ESEOS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE NETWORK, SITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE NETWORK, AND IN NO EVENT SHALL ESEO, ITS RESELLERS, OR ADVERTISERS BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE NETWORK, SITE, DATA, UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF ESEO OR RESELLER, OR THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE AND SERVICES, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, SERVICE, OR RELATED OFFERS, PROGRAMS, SITE, DATA AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ESEO AND/OR RESELLER, OR THIRD PARTY LINK PARTNER HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR ADVERTISERS UNDERLYING PRODUCTS OR SERVICES AND ESEO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE SITE, SERVICES, OR PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND ESEO. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. ESEO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESEO OR ADVERTISER, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ESEO AND/OR RESELLERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
THINGS YOU MAY FIND INTERESTING
Jurisdiction, Choice of Law, and Disputes. This Site and the related services can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has many different laws, by accessing this Site and related Services you agree that interpretation of this Agreement, as well as any disputes related to it, will be construed and governed by the laws of the State of Arizona, without regard to its conflict of laws principles. In addition, you consent to jurisdiction and venue in the State and Federal Courts of the State of Arizona, Maricopa County, for the resolution of any such dispute. The prevailing party in any such dispute will be entitled to attorneys’ fees, costs, and other remedies at law.
Indemnification. You agree to fully defend, indemnify, including reasonable attorneys’ fees and costs for claims, threats, or disputes arising out of, or related to your use or participation in, the Site and/or Services, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the Site/Services; (3) allegations concerning intellectual property infringement; (4) breach of any of your warranties, representation and hold ESEO, its subsidiaries, Advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses.
Modification. Your continued use of the Site and/or Services must be in full accordance with this Agreement and any modifications to it by ESEO. ESEO reserves the right to make changes to the Site, Services, and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorized User and you must notify ESEO immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
Relationship of Parties. ESEO, and any developers, Resellers, or operators of applications will be and shall act as independent contractors, and no party is authorized to act as or shall be an agent or partner of, or joint venturer with, the other party for any purpose, unless otherwise authorized by ESEO in writing in a separate agreement. Neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
Final Words. We may provide advice, but this not intended to replace or substitute any other professional, legal, medical, financial, zoological, or other advice. In other words, we aren’t responsible for you or others reliance on information posted on our Site, through our Services, or transmitted by any Reseller or third party. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No express or implied waiver by either party of any event of default hereunder shall in any way be, or be construed as, a waiver of any future or subsequent event of default. The respective rights and obligations of the parties shall survive the termination of this Agreement. The parties acknowledge that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof, and that this Agreement supersedes any and all prior and contemporaneous communications, whether oral or written. The parties also agree that ESEO may amend or modify this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall be taken together and constitute one and the same instrument. Oh, and finally just because our section headers may be funny they are provided for convenience (and humor) only