Acceptance of Terms. Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.

We reserve the right to make changes to the Site, the Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by SEO Hermit your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance SEO Hermit’s Service offerings will be subject to this Agreement.

Additional SEO Hermit Terms of Use, Service Agreements and Policies

Terms of Use Applicable to Website Services
- Web Design
- Email Marketing
- Mobile Web Services
Terms of Use Applicable to Other Business Services
- Search Engine Marketing & Optimization
- Social Media
- Custom Logo Design
Other Policies
- Acceptable Use Policy
- Subpoena Policy
- Privacy Policy
Use of the Site. You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing SEO Hermit products and services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.

SEO Hermit assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. SEO Hermit also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials (data, text, or images) from the Site.

You agree to use this Site in a responsible manner that is in compliance with these TOU and your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable or in breach of these TOU or our Acceptable Use Policy. We reserve the right to terminate Your Account and suspend service to you for violations of this section.

By accessing, using and placing orders on the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.

By accessing, using and placing orders on the Site, you warrant that you have all necessary permission, right and authority to do so and you authorize SEO Hermit to produce the products you order. You also agree to be bound by these TOU, our Privacy Policy and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.
Your Account, Password and Security. In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. SEO Hermit will not be liable for any loss or damage arising from your failure to comply with this section.
Notice. We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to seo@seohermit.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, SEO Hermit, 2010 East University Drive Suite 5E, Tempe, Arizona 85281. Such notice shall be deemed effective when received by us.
Third Party Information and Links to Other Websites. The Site and/or the Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites (“Third Party Information”). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. SEO Hermit is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.
Intellectual Property. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by SEO Hermit or which SEO Hermit has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
Notice Specific to Documents Available on this Site. You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.
Materials Provided by You. In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.

You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites.

Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.

You agree to back-up all of your User Content so that you can access and use it when needed. SEO Hermit does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of our use of User Content.
Purchases of Products and/or Services; Transfer of Title. Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.
Fees and Payments. You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. SEO Hermit will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.

You acknowledge that SEO Hermit may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs (“Billing Programs”) are supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.

If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that SEO Hermit may pursue all available lawful remedies in order to obtain payment including but not limited to immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.

SEO Hermit reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.

Some of SEO Hermit’s services offer an automatic renewal option that will automatically renew your service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you cancel prior to the automatic renewal, SEO Hermit will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us. Renewal fees will be charged at SEO Hermit’s then-current rates.

SEO Hermit expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased products or services for a fixed time period, changes or modifications in prices and fees will be effective when the product or service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account. However, SEO Hermit will not be obligated to refund any remaining portion of your pre-paid fees.

If a Service is offered by us with a special promotion price or period, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.

Late Fees and Penalties. We reserve the right to charge late fees of, e.g. 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid. Customer will be responsible for all reasonable expenses (including collection and reasonable attorneys’ fees) incurred by us in collecting such amounts.
Term and Termination. The term of this Agreement varies according to the Services selected by you when ordering. The following definitions apply to the term:

The “Initial Service Term” is total length of the service agreement before renewal. Services that auto-renew are renewed for a subsequent period equal in length to the Initial Service Term.

The “Billing Term” is the time period that determines the frequency of the billing recurring fees.

The “Promotional Service Term” is a period of time within the Initial Service Term during which Services are charged reduced fees or during which additional Services are provided without fee.

The “Mandatory Service Term” is the minimum portion of the Initial Service Term for which all fees must be paid, even if Service is terminated.

Unless otherwise stated in the product specific terms of use, either party may terminate this Agreement on thirty (30) days prior written notice if it is a month-to-month term Agreement. You may terminate this Agreement without cause prior to its end if it is a twelve (12) month term Agreement, by giving us thirty (30) days prior written notice, however, we are not obligated to refund any Fees paid in advance for the unexpired portion of the term, and you will be required to pay the remaining amount owing.

You may notify us of your desire to terminate Services under this Agreement by sending written notice by certified mail, return receipt requested, reputable overnight courier or hand delivery to Attn: SEO Hermit, LLC at 2010 East University Drive Suite 5E, Tempe, Arizona 85281 or by calling 1-888-803-0843. Notices will be deemed to have been given one (1) day after date of mailing or date of deposit with a reputable overnight courier, or on the day of delivery if delivered by hand.

SEO Hermit reserves the right to immediately terminate the Service for reasonable cause, including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) we conclude in our sole discretion that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.
Disclaimer of Warranties. The Site and the products and services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and services is at your sole risk. To the fullest extent permissible pursuant to applicable law, SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding the use or the results of the use of the products or services in terms of effectiveness, accuracy or reliability, that they will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.

We will replace any SEO Hermit-manufactured product found to contain printing errors caused by SEO Hermit or to be defective in workmanship or materials. While SEO Hermit takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. Please note that we do not proof orders created by you prior to processing and we cannot be responsible for spelling, punctuation, grammatical or design errors made by you, or for inferior quality of images uploaded by you. Therefore please preview your selections carefully and correct any mistakes prior to placing your order.
Limitation of Liability. SEO HERMIT IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE OR MAINTAIN ANY OF YOUR ACCOUNT DATA OR YOUR CONTENT. IN STATES WHERE THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IS NOT ALLOWED, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES SEO HERMIT’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SEO HERMIT AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT (WITH RESPECT TO YOUR USE OF THE SITE ONLY) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM (i) LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY; (ii) THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, SERVICES OR ANY THIRD PARTY INFORMATION, (iii) PERSONAL INJURY OR PROPERTY DAMAGES; (iv) ANY UNAUTHORIZED USE OF OR ACCESS TO THE SITE, THE SERVICES, ANY OF OUR SERVERS INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR DATA INCLUDING PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON; (v) ANY INTERRUPTION OR CESSATION OF SERVICES RELATED TO THE SITE OR THIRD PARTY SITES; ANY VIRUSES, WORMS, BUGS OR THE LIKE WHICH MAY BE TRANSMITTED TO OR FROM THE SITE OF ANY THIRD PARTY SITE ; (vi) ANY USER CONTENT OR CONDUCT THAT VIOLATES OUR ACCEPTABLE USE POLICY OR ANY OTHER APPLICABLE POLICY; (vii ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY ACT OR OMISSION BY SEO HERMIT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR ANY PRODUCT OR SERVICE WE PROVIDE TO YOU, THE AGGREGATE LIABILITY OF SEO HERMIT ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, WILL NOT EXCEED AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO SEO HERMIT. IN STATES WHERE THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES SEO HERMIT’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR ANY SUCH ACTION WILL BE PERMANENTLY BARRED.
Indemnification. You shall indemnify, defend and hold SEO Hermit, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.
Jurisdiction and Governing Law. Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Arizona without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in Arizona. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
General Support Services. SEO Hermit will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services by dialing 1-888-803-0843 during normal business hours or by emailing us at seo@seohermit.com. Our mailing address is SEO Hermit, LLC, 2010 East University Drive Suite 5E, Tempe, AZ 85281.

WEB DESIGN TERMS OF USE

1. Our Obligations. After you have submitted all Website Content to us, provided you do not request additional changes, modifications, customized designs or similar non-standard work (“Custom Modifications”), we will furnish to you a website (“Created Website”) that meets the requirements provided by you to us (“Website Specification”).

“Website Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), trademarks, trade names, trade styles, logos and other intellectual property in any medium, provided by you to us. “Website Design Criteria” means the website design approved by you and an indication of whether you are requesting a standard website design or a website design with Custom Modifications.

SEO Hermit reserves the right to refuse Service if any of the Website Content, or links from your website, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. SEO Hermit does not have a duty and does not generally screen or edit content or links originating from your website, but we reserve the right to monitor or to remove, without notice, any content or links which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

2. Your Obligations. You agree to deliver the Website Content no later than 7 calendar days following the date you sign up for the Services (“Website Content Delivery Period”). In the event that the Website Content has not been received following the expiry of the Website Content Delivery Period, the Created Website will be provided to you with generic Website Content that is relative to your industry.

For a period of 30 days following the date that the Created Website was delivered to you, you will be permitted to request three minor revisions to the Created Website. If you request Custom Modifications, we will furnish to you the Created Website at a time designated by us. Need provision for billing for complete website and any Custom Modifications or > 3 minor revisions. *There will be an additional charge for any modifications beyond the 3 minor revision limit or additional custom modifications, sent on a per-quote basis.

You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified in the Website Specification, provided that you shall be permitted to create one duplicate of the Created Website for back-up purposes. You are responsible for the Website Content, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies for content created by us for inclusion on the Created Website. You will review and approve such content created by us at your direction and on your behalf. You agree not to store, link to, transmit, advertise or make available any Website Content that is illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEO HERMIT ENTITIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US AND ANY SEO HERMIT ENTITIES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require help desk support from us, you contact us.

3. Termination. You acknowledge and agree that once the service is terminated your website will be archived for a maximum of two (2) months, if you fail to pay us amounts due and payable hereunder. If the amounts due and payable hereunder are not paid by the end of the archive period, your website will be erased. SEO Hermit will not be responsible for any errors, loss of information or any other mishap that may occur following the first non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting your website during the archive period will view an error or substitute message window until the amounts due and payable hereunder have been paid.

4. Warranty. You acknowledge that SEO Hermit does not warrant uninterrupted or error free Service and that SEO Hermit does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, the accuracy of spelling or grammar, all data, files, the Website Content and all other information or content in any form or of any type, accessible or made available to or by you or its end users through the use of the Service. SEO Hermit shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Service.

5. Limitation of Liability. YOU AGREE THAT SEO HERMIT’s LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF THE SERVICE SHALL BE: (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE SERVICE WHICH WERE NON-PERFORMING.

6. Proprietary Rights. You grant to SEO Hermit, for the term of this Agreement, a non-exclusive, worldwide, royalty-free license to use, reproduce and display the Created Website and all Website Content in connection with the provision of the Service.

E-MAIL MARKETING TERMS OF USE

1. Our Obligations. SEO Hermit provides you with a service to create and send email to multiple individual recipients for the purposes of marketing your business and to access reports regarding the actions taken by those recipients.

SEO Hermit reserves the right to refuse Service if any of the Email Content, or links from your email, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. SEO Hermit does not have a duty and does not generally screen or edit content or links originating from your emails, but we reserve the right to monitor or to remove, without notice, any content or links which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

2. Your Obligations. Your use of the service must comply with these Terms of Use, our Anti-Spam Policy and Acceptable Use Policy. You may use the service in connection with your own internal purposes and business operations and not as a service for any third party.

You are responsible for the Email Content, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies for content created by us for inclusion in your emails. You will review and approve such content created by us at your direction and on your behalf. You agree not to store, link to, transmit, advertise or make available any Email Content that is illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE EMAIL CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEO HERMIT ENTITIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US AND ANY SEO HERMIT ENTITIES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require help desk support from us, contact us.

3. Termination. After cancellation or termination, you shall process all unsubscribe requests within 10 days of your last email campaign. Upon request, SEO Hermit will provide the list of unsubscribe requests from your account.

Upon termination SEO Hermit may delete any Email Content or other such information that may be archived. In no event shall SEO Hermit be required to return any Email Content to you upon termination.

4. Warranty. You acknowledge and agree that not all email messages sent through use of the service will be received by their intended recipients and that not all of the recipients actions will be reported. You acknowledge that SEO Hermit does not warrant uninterrupted or error-free Service and that SEO Hermit does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, the accuracy of spelling or grammar, all data, files, the Email Content and all other information or content in any form or of any type, accessible or made available to or by you or its end users through the use of the Service. SEO Hermit shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Service.

5. Limitation of Liability. YOU AGREE THAT SEO HERMIT’s LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF THE SERVICE SHALL BE: (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE SERVICE WHICH WERE NON-PERFORMING.

6. Proprietary Rights. You grant to SEO Hermit, for the term of this Agreement, a non-exclusive, worldwide, royalty-free license to use, reproduce and display the Email Content and all Email Content in connection with the execution of the Service.

MOBILE WEB SERVICES END USER LICENSE AGREEMENT

1. Purpose, Acceptance of Terms. This End User License Agreement (“Agreement”) applies to users of SEO Hermit’s mobile web services (“Services”). As used herein, “SEO Hermit”, “Provider”, “we”, “us”, “our” or “ours” refers to SEO Hermit, LLC d/b/a SEO Hermit and “you”, “your” or “yours” refers to the customer purchasing the Services from us.

SEO Hermit’s general Terms of Use and Privacy Policy, available at www.seohermit.com, and the documents and policies referred to herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below.

By accessing or using the Services you agree to be bound by this EULA, our Terms of Use, Privacy Policy found at www.seohermit.com and to any additional applicable policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference. SEO Hermit reserves the right to make changes to this EULA and the Services at any time without prior notice to you. We will provide you with notice of material changes to the EULA or the Services, if any. If you do not agree to the changes implemented by SEO Hermit your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance SEO Hermit’s Service offerings will be subject to this Agreement.

2. Scope of the Agreement. The terms of this Agreement will apply to your use of the Services contained in the Service Package. The terms of the Agreement will have control over any different or additional terms of any purchase order or other non-Provider Mobile Web Services Package, and no terms included in any such purchase order or other non-Provider Mobile Web Services Package shall apply to the Provider’s Services.

If you are obtaining or have obtained our Services from a third party authorized by us ("Partner"), then the terms of this User Agreement shall apply to those Services. In the event of a conflict between the terms of any agreement executed between you and the Partner relative to our Services, the terms of this Agreement shall take precedence and be deemed controlling.

3. License Grant. Provider hereby grants to you, during the Subscription Term of the applicable Service Package, the non-transferable, non-exclusive, non-sublicensable worldwide right to use the Mobile Web Services and any of our Mobile Web Services Materials solely in connection with the Services, subject to the terms of the Agreement, including the online documentation for the Services. You are solely responsible for the User Content transmitted and displayed, via your Application, except for any third-party advertising that may be specified in your Service Package.

4. License Restrictions. The rights granted to you in the Agreement are subject to all of the following:

You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Services or the Mobile Web Services Materials available to any third party;
You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or the Mobile Web Services Materials or access or use Services or the Mobile Web Services Materials in order to build a similar or competitive product or service;
Except as expressly stated herein, no part of the Services or the Mobile Web Services Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
You shall not disclose any review of the Services, including but not limited to the results of any performance tests, to any third party without our prior written approval;
You shall not use or access the Services to build or support, and/or assist a third party in building or supporting, products or services competitive to the Services;
You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services; and
You acknowledge and agree that the Provider owns all rights, title and interest in and to all Intellectual Property Rights (including all derivatives or improvements thereof) in the Services and the Mobile Web Services Materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services or the Mobile Web Services Materials.
We reserve the right to change or modify the Service at any time.

5. Restrictions on User Content. You agree not to use, permit the use of or allow your Subscribers to use the Services to transmit any User Content, for any of the following purposes:

Sending or making available to the public any communication which is harassing, defamatory, libelous, abusive, threatening, obscene, coercive or objectionable, including material that is false, misleading or inaccurate; or
The persistent sending of messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person; or
The transmission or dissemination of material that violates the rights of any person or company protected by copyright, trade secret, trademark, patent or other intellectual property or similar laws or regulations; or
The distribution of material to prefixes from countries where the material is considered to be prohibited or offensive; or
The transmission or dissemination of unsolicited material, including without limitation "junk mail" or "unsolicited bulk email", or other advertising material to persons or entities that have not specifically agreed to receive Content from you or your Subscribers; or
Sending messages or making available to the public any content that contravenes relevant privacy and electronic communication regulations; for avoidance of doubt this includes the Best Practices Guidelines of the Mobile Marketing Association (http://www.mmaglobal.com), our Acceptable Use Policy and Anti-Spam Policy; or
Other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including executing any form of network monitoring that will intercept data which is not expressly approved for use; or
Sending inappropriate content or making inappropriate content available to minors.

YOU REPRESENT AND WARRANT THAT ALL USER CONTENT WILL NOT CONTAIN ANY LANGUAGE OR OTHER ELEMENTS WHICH ARE OBSCENE, LIBELOUS, SLANDEROUS OR DEFAMATORY AND WILL NOT, WHEN USED AS PERMITTED HEREUNDER, VIOLATE OR INFRINGE UPON, OR GIVE RISE TO ANY ADVERSE CLAIM WITH RESPECT TO ANY COMMON-LAW OR OTHER RIGHT WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, SERVICE MARK, TRADE NAME, TRADE DRESS, TRADE SECRET, PATENT, LITERARY, DRAMATIC, MUSIC OR MOTION PICTURE RIGHT, RIGHT OF PRIVACY OR PUBLICITY, CONTRACT RIGHT OR "DROIT MORALE" OR OTHER MORAL RIGHTS OF AUTHORS) OF ANY PERSON, OR VIOLATE ANY APPLICABLE LAW.

If we, in our sole discretion, determine that you are using the Services in violation of any prohibited purpose, or that any User Content violates the provisions of this section, we reserve the right to remove or disable access to any material that violates the foregoing restrictions or to terminate the Services or this Agreement and your Services in their entirety for a violation of your obligations under this section. Provider will have no liability to you in the event that we take such action. You agree to defend and indemnify Provider against any and all claims brought against us or our affiliates or agents arising out of a violation of your obligations under this section.

6. Intellectual Property Rights
You acknowledge that the Provider transfers no rights of ownership to you by virtue of your use of the Services or Materials that you access hereunder. Notwithstanding the foregoing, Provider will license to you those Intellectual Property Rights which are directly and unavoidably required in the provision of the Services.
You grant to us a non-exclusive license in such Intellectual Property Rights as are directly and unavoidably required by us in our provision of the Services.
Any license granted herein shall not be transferred nor sub-licensed, shall be non-exclusive, royalty free, limited to the Term of the Agreement and granted only for the purpose of fulfilling each party’s obligations under this Agreement.
You acknowledge that you shall not reverse engineer, decompile or disassemble any software comprised in the Services or the Material provided with the Services or to which you have access to as a result of using the Services.

7. Trial Services
You may order trial services for the Services, which you may use for trial, non-production purposes only. The trial period will be specified during the trial registration and start on the effective date of the Service Package. At the conclusion of the trial period, unless you notify us that you desire to terminate your temporary license, such license and trial services shall automatically convert to a standard license to the Services, upon such terms as are set forth in this Agreement. If prior to the conclusion of your temporary license, you inform us that you do not desire to continue use of the Services beyond the expiration of the trial period, then upon our receipt of your notice to terminate your trial period and your usage rights shall terminate. The trial services provided for trial purposes are provided "as is" and Provider does not provide technical support or offer any warranties for these services.

8. Hosting Service Level Agreement
SEO Hermit will provide Hosting Services for your Applications using the Services. We shall provide a reasonable effort to deliver of 99.8% monthly availability of the Services. This will not include planned outages or outages directly attributable to the Service Providers of ours.

9. Billing and Payment
9.1 Transfer Disputes
You agree to pay in advance for all Services, unless otherwise set forth in a Service Package. All fees due under the Agreement cannot be cancelled and the sums paid non-refundable, except as otherwise specified in this Agreement. Services fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, even if such amounts are not listed on a Service Package. You will reimburse us for reasonable expenses related to providing the Services.

You will provide us with a valid and updated credit card or approved purchase order information along with complete and accurate billing and contact information. If you provide credit card information to us, you authorize us to bill such credit card (a) at the time that you order any products or services, for all products and services set forth in the Service Package, and (b) at the time of any renewal, for the amount charged for any renewal Subscription Term(s) as set forth herein. If we, in our sole discretion, permit you to make payment using a method other than a credit card, we will invoice you at the time of the initial Service Package and approximately one month in advance of the start of any renewal or subsequent billing period. All amounts invoiced hereunder are due and payable immediately upon your receipt of any such invoice. You agree to reimburse us for any costs of collection incurred with respect to collecting late payments, including the costs of reasonable attorney fees. Late payments shall accrue interest at the rate of 1% per month commencing with the due date.

If you elect to use advertising services within the Services, we will provide a report on a quarterly basis of fees due to you. Such fees due shall only be paid when we are in receipt of such monies due from third parties.

10. Term and Termination
The term of the Services set forth in the Service Package hereunder shall commence upon the effective date set forth in the Service Package and shall continue for the period of time set forth in such Service Package (the "Subscription Term"). Except as otherwise provided in a Service Package issued by us, the Services may be renewed under our then-current applicable policies and terms, subject to our acceptance and your payment of fees for such Services.

10.1 Termination for Default

In the event of your material breach of this Agreement, we reserve the right to terminate the applicable Service Package. We may immediately suspend your account, and access to or use of the Services during such cure period if (i) you fail to make payment due to us under the Agreement and do not cure such non-payment within ten (10) business days after we have provided you with notice of such failure, or (ii) you violate any provision of this User Agreement.

Any suspension by us of the Services under the preceding sentence shall not excuse you from your obligation to make payment under the Agreement. Upon any termination of the Service Package, your right to access and use the Services (including our Mobile Web Services Materials) shall terminate. If we terminate the Services due to your default, you must pay within thirty (30) days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for services received plus related taxes and expenses.

11. Third Party Transactions
If you or your Subscribers, via your Applications, enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers or sponsors other than Provider through the Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is governed solely by the terms between you and the applicable third party. We shall have no liability or obligation for, and do not endorse or accept any responsibility for, the contents or use of third party web sites or any transactions completed with third parties. We may provide such links only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked web site, notwithstanding the inclusion on such site of the trademarks of ours or of our Third Party Providers. We shall have no liability to you or any of your Subscribers as a consequence of a third party transaction. You agree to defend and indemnify us and our affiliates and agents against any and all claims brought against us from any of your Subscribers or from such third party arising out of any third party transactions that occur as a part of your Applications.

12. Customer Care Services
As part of the Services, we will provide you with Customer Care Services that include ensuring the availability of online reference materials, a telephone support number and/or live online assistance. The telephone support and live online assistance availability are subject to local business hours of our place of operation. We shall have the right to modify the Customer Care Services Policies at any time in our sole discretion and your continued use of the Services shall constitute your acceptance of any such modified policies.

13. Representations, Warranties and Exclusive Remedy
In addition to the representations and warranties made elsewhere in this Agreement, each party represents and warrants that it has the power and authority to enter into this Agreement, including the terms and conditions set forth in the Service Package. SEO Hermit warrants that (a) the Services will perform in accordance with its online documentation under normal use; and, (b) the Services will be provided in a manner consistent with generally accepted industry standards. You must notify us in writing of any warranty deficiencies within thirty (30) days from performance of the relevant Services in order to receive warranty remedies. For any breach of the express warranty as set forth above, your exclusive remedy shall be our correction of the deficient Services, and if we are unable to correct such warranty deficiencies, you shall be entitled to recover the portion of the fees paid to us for such deficient Services, and such refund shall be our entire and exclusive liability to you for such defect.

14. Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES OTHERWISE CONTAINED IN THIS AGREEMENT, PROVIDER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE PROVIDER’S MOBILE WEB SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICE. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE PROVIDER’S MOBILE WEB SERVICES, OR THE RESULTS YOU MAY OBTAIN BY USING THE PROVIDER’S MOBILE WEB SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE PROVIDER’S MOBILE WEB SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE PROVIDER’S MOBILE WEB SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT PROVIDER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PROVIDER’S MOBILE WEB SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PROVIDER, THE PROVIDER’S MOBILE WEB SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS.

15. Limitation of Liability
IN NO EVENT SHALL PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS (EXCLUDING FEES UNDER THE AGREEMENT), USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PROVIDER’S MOBILE WEB SERVICES, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROVIDER FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO PROVIDER FOR THE PROVIDER’S MOBILE WEB SERVICES UNDER THE AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND IF SUCH LIABILITY RESULTS FROM YOUR USE OF A PARTICULAR PORTION OF THE PROVIDER’S MOBILE WEB SERVICES UNDER THE AGREEMENT, SUCH LIABILITY SHALL BE LIMITED TO THE FEES PAID TO PROVIDER FOR THE DEFICIENT PORTION OF THE PROVIDER’S MOBILE WEB SERVICES GIVING RISE TO THE LIABILITY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

16. Indemnification
Each Party (respectively, the "Indemnitor") assumes liability for, and shall indemnify, defend, protect, save and hold harmless the other Party and their respective parents, subsidiaries and affiliated divisions and companies, permitted assigns and, and the respective shareholders, directors, officers, employees and agents of the foregoing (the "Indemnified Parties") from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against any of such Indemnified Parties, arising out of any breach or, solely with respect to third party claims, alleged breach by the Indemnitor of any representation or warranty or covenant made, or obligation assumed, by the Indemnitor pursuant to this Agreement. The provisions of this paragraph shall apply, without limitation, to claims brought by the indemnified Party seeking indemnification against the Indemnitor ("Indemnitee").

In order to seek or receive indemnification hereunder in cases involving third-party claims: (i) the Indemnitee must have promptly notified of any claim or litigation of which it is aware to which the indemnification relates; and (ii) with regard to any claim or litigation to which the Indemnitor itself is not a party, the Indemnitee must have afforded the Indemnitor the opportunity to participate in any compromise, settlement, litigation or other resolution or disposition of such claim or litigation.

17. Confidential Information
You may have access to Provider’s information that is confidential to us ("Confidential Information"). Confidential Information of ours shall include, but not be limited to, the software programs provided as part of the Services and any other Mobile Web Services Materials delivered hereunder. Our Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on disclosure or; (iv) is independently developed by the other party without reference to the other party’s Confidential Information. You agree to use reasonable care to prevent disclosure of the other party’s Confidential Information to any third party.

You agree to hold each our Confidential Information in confidence for a period of five years from the date of disclosure. This Section constitutes the entire understanding of the parties and supersedes all prior or contemporaneous agreements, representations or negotiations, whether oral or written, with respect to Confidential Information.

18. Your Responsibilities
You will ensure that any use of the Services and Materials by you and your Subscribers is in accordance with the terms and conditions of the Agreement, and you shall be responsible for any breach by any Subscriber of such terms and conditions. In addition, you will obtain any Subscriber consents required by us to access the Services under the Agreement. You are responsible for ensuring that your network and systems comply with specifications that we provide. We are not responsible for your network connections or for conditions or problems arising from or related to your network connections (e.g., bandwidth issues, excessive latency, network outages), or caused by the Internet. You will be responsible and accountable if any Subscriber posts content in violation of the prohibitions contained in this Agreement.

19. Notices
Provider may give notice applicable to you, as part of its overall subscriber group, by means of a general notice on the Services portal and notices specific to you by electronic mail to your e-mail address on record in our account information or by written communication sent by first class mail or pre-paid post to your address on record in our account information.

You acknowledge that such means of transmission of any such notice is sufficient for the purpose of satisfying any notice requirements set forth in this Agreement. If you have a dispute with us or you wish to provide a notice under the Agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to the contact information provided below.

PROVIDER can be contacted as follows:
Address:
SEO Hermit LLC
2010 East University Drive Suite 5E
Tempe, AZ 85281
Phone:
+1 (888) 803-0843
Customer Service Hours: 8am – 4pm, AST (Monday through Friday)
Fax: +1 (888) 602-0231
Email: seo@SEOHermit.com
Sales: seo@SEOHermit.com
Technical Support/Customer Care: support@SEOHermit.com
Billing: billing@SEOHermit.com

SEARCH ENGINE MARKETING & OPTIMIZATION TERMS OF USE

1. Our Obligations.
SEO Hermit provides you with the ability to establish online advertising campaigns for purposes of marketing your business website (“Your Site”) through various online methods including with major search engines (each a “Publisher”), pay for those campaigns, and access reports detailing the activity for those campaigns through using its proprietary software (“Platform”).

SEO Hermit reserves the right to refuse Service if any of the Content, which in our sole and absolute opinion, is deemed illegal, misleading, obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. SEO Hermit does not have a duty and does not generally screen or edit content, but we reserve the right to monitor or to remove, without notice, any Content which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

The Service and all software used in connection with the provision of the Service (the "Platform") is owned by SEO Hermit and/or its licensors and contain proprietary and confidential information of SEO Hermit and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. Provided you comply with these TOS, we hereby appoint you as an "Authorized User" of the Service, and grant you a personal, non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use the Platform on a single computer for the sole purpose as provided herein.

2. Your Obligations.
You are responsible for obtaining access to the Service, which may involve paying third-party fees such as Publisher, Internet service provider, and/or airtime charges. You must provide the equipment, i.e. hardware and software, necessary to access and use the Services.

As part of your acceptable use of any of our services that allow you to solicit and collect information from an end-user, you agree to post and abide by the “Model Privacy Policy”, which clearly discloses what you will do with the information you collect from others. You may implement a different privacy policy but it must be no less restrictive than the “Model Privacy Policy.” If you choose to use your own privacy policy it may be subject to approval by the Publishers and your campaign may be temporarily paused pending approval.

Due to seasonality, duration of the contract, economic business conditions, consumer sentiment and other factors beyond our control, the results of your advertising campaigns may vary and, although SEO Hermit cannot guarantee specific results, we proactively seek to provide high quality online marketing Services that maximize our Customer’s return on advertising spending.

You acknowledge and agree that SEO Hermit may collect and use non-personal information concerning the use, contents, performance or management of any advertising campaign conducted through a Customer Account. As part of providing the Services, SEO Hermit may aggregate reports comprised of such data. By using our Services, you hereby grant to SEO Hermit a worldwide, irrevocable, non-exclusive, transferable and sublicensable, fully paid-up, and royalty-free license to use, display, reproduce, distribute and analyze your Customer Account data within the SEO Hermit Services for the purposes of providing and improving upon the features and functionality of the Services. This license does not grant SEO Hermit the right to use personal or non-public Customer Account data for any other commercial purpose without your prior written consent.

In connection with your use of the Services you have the option to provide SEO Hermit with advertising “Content”, e.g. text, images, photographs, graphics, sound, video and other information for inclusion in your advertising campaigns. Alternatively, if you don’t provide the Content then SEO Hermit will provide it and make it available for you to review and approve.

You bear all risks associated with our use of Content provided by you including any reliance on the accuracy, completeness, or usefulness of the same. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Customer Account Limitations and Monitoring
You hereby acknowledge that SEO Hermit may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services, which may include limitations on the time we retain Customer Account and Content, maximum limits on storage space or other such limits. You agree that SEO Hermit has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service including any Customer Account data.

You agree that SEO Hermit or third party advertising providers with whom SEO Hermit has a relationship may, but have no duty to, monitor any Customer Account activity for the purpose of ensuring quality, improving the Services, and compliance with this Agreement.

3. Termination
Customer has the limited right to cancel its Customer Account Service subscription at any time during an Advertising Campaign Term, subject to the terms of this agreement, and provided that (i) for all Services, Customer commits to purchase on a nonrefundable basis a minimum of (3) months of Service or depending on individual contract terms, (ii) the completion of Customer’s most recent pre-paid monthly Service fee shall not be refundable, and (iii) for any cancellation, Customer must provide SEO Hermit with at least thirty (30) days notice prior to the processing of the following month’s payment.

Payments made with respect to Customer Account creation and setup and ad purchases with Publishers (Search Engines) that are already scheduled and committed as of the date we receive notice of termination are nonrefundable.

In the event of suspension, expiration or termination, your Customer Account and your access and right to use the Service shall immediately cease, and the license granted to you hereunder shall terminate. Termination of your Customer Account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your Customer Account (or any part thereof), and (c) barring of further use of the Service. SEO Hermit may destroy or otherwise dispose of any Customer data or Content in its possession.

4. Warranty
SEO Hermit Entities do not warrant or make any representation regarding the use or the results of the use of the Services in terms of effectiveness, accuracy or reliability or that the Service will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner, that Service defects or errors will be corrected, or that the search ranking of your business via a Customer Account or Publisher Account will change or improve in any way as a result of your Service subscriptions.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own risk and discretion, and SEO Hermit is not responsible for any damage to your computer system or loss of data as a result from the use of any such material.

No advice or information, whether oral or written, provided by us directly to you or through the Service will create any warranty not expressly stated herein.

5. Proprietary Rights
You grant SEO Hermit a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for use with the Services solely for the purposes of providing and promoting the specific ad to which such Content was submitted. This license exists only for as long as you elect to continue to include such Content in the Services and will terminate at the time you or we remove the Content from the Service.

SEO HERMIT SOCIAL SOCIAL MEDIA TERMS OF USE

Acceptance of Terms.

Please read these Terms of Use ("Terms of Use") carefully as they govern your access and use of this website ("Site") and the products and services provided herein ("Service" or "Services"). These Terms of Use are in addition to (not in lieu of) any specific terms and conditions that apply to the Services you purchase or access through the Site.
As used herein, "we", "us", "our" or "ours" refers to SEO Hermit, LLC and its affiliates. "Customer", "you", "your" or "yours" refers to the customer accessing this Site and purchasing and using the Services together with the company or other business entity you are representing, if any.
By accessing and using the Site, any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, agree to be bound by these Terms of Use, our Privacy Policy, and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference. If you are agreeing to these Terms of Use or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
We reserve the right to make changes to the Site, the Services and these Terms of Use at any time without prior notice to you. You should therefore review these Terms of Use each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by SEO Hermit your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance SEO Hermit’s Service offerings will be subject to this Agreement.

Notice

We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within 48 hours of transmission by mail or within 12 hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications. However, doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to seo@seohermit.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, SEO Hermit, 2010 East University Drive Suite 5E, Tempe, AZ 85281. Such notice shall be deemed effective when received by us.

Use of the Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and purchasing SEO Hermit products and services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
You agree to use this Site in a responsible manner that is in compliance with these Terms of Use and your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. We reserve the right to terminate Your Account and suspend service to you for violations of this section.
By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SEO Hermit to produce the products you order on your behalf.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.

Description of the Services

4.1 SEO Hermit’s Local Plus Plan. SEO Hermit will create social media messages for you and set up a content-approval process through which you will be able to review, comment on and provide approval of the messages we post on your behalf. You therefore agree to grant us administrative access to your social media sites for the limited purpose of creating and posting messages on your behalf. If you limit our access to your social media sites you will still be responsible for paying us the related monthly service fee. Please note that we require your approval for business-specific messaging and, until we receive that approval, no new content will be published on your social media channels.
4.2 SEO Hermit’s Advanced Plan. SEO Hermit will create custom social media tabs for your social media site. We are not responsible for (a) reminding you to keep up-to-date information displayed on your social media pages, (b) monitoring, managing or responding to commentary on your social media page (unless otherwise agreed), or (c) making sure that all content you provide for inclusion on your social media page is non-infringing and owned by you or authorized to be used by you. By posting content on your social media page, you are allowing others to view and share Your Content.
NOTE: Upon termination or cancellation of the Services only the custom social media tabs we create for you will be deleted and are not recoverable; your basic business social media account, e.g. Facebook and any of Your Content posted there remains intact.
4.3 SEO Hermit’s Power Plan. SEO Hermit will provide a social media dashboard to allow you to manage your social media activities on multiple channels. We are not responsible for (a) reminding you to keep up-to-date information displayed on your social media pages, (b) monitoring, managing or responding to commentary on your social media page (unless otherwise agreed), or (c) making sure that all content you provide for inclusion on your social media page is non-infringing and owned by you or authorized to be used by you. By posting content on your social media page, you are allowing others to view and share Your Content.

Use of the Services

5.1 You shall abide by all applicable state and local laws and regulations and the terms of services of all third party providers in connection with your use of the Service. You may not use the Service to:

send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violating third party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
spoof, redirect or traffic from other websites in an effort to gain traffic;
violate the CAN-SPAM Act of 2003;
interfere with, disrupt or harm the Service or attempt to gain unauthorized access to the Service or its related systems or networks or interfere with or disrupt the data contained therein;
screen or database scrap or engage in any other activity for the purpose of obtaining user lists or other information;
upload, post, reproduce or distribute any information, software, or other material protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights;
sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of firearms, explosives, ammunition, tobacco products and any other products or services that you cannot legally sell and/or, if sold via a your account, could cause SEO Hermit to violate any applicable law, statute or regulation; or
encourage, permit or enable any of your representatives, agents, employees, affiliates, customers or any other third party to do any of the foregoing.

5.2 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SEO Hermit and/or third party content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided in the Service, in whole or in part, is strictly prohibited. If, in our sole discretion, we reasonably conclude that you are or may be in breach of any of the above, we reserve the right to immediately terminate your account and your access to and use of the Services.

5.3 Notice applicable to all social media Services.

5.3.1 Best Practices. Please note that content created and submitted via social media channels can be viewed by others through third party services and websites. It is advisable to be cautious when giving out your information online, especially your private address, location, credit card number, or telephone number. You can control who sees your content by adjusting your account settings with your third party social media provider, e.g. Facebook, Twitter, LinkedIn. Please keep in mind that any content that was posted before you changed your privacy settings is deemed to have been displayed publicly and therefore may be available in search or through third party sites.

5.3.3 Rights to User Information. If you choose to gather information from users of your social media pages, e.g. Facebook, you agree that all such user information will be subject to your privacy policy and agree to prominently post such policy or a link to it at the information entry point. If you do not have a privacy policy, you agree to include and abide by the following statement instead:
"Your contact information will be used only to provide the information you requested. We will not sell your information to third parties."

5.3.4 Upon termination or cancellation of the Services the custom social media tabs we create for you will be deleted and are not recoverable. Your basic business social media account, e.g. Facebook and any of Your Content posted there remains intact. We disclaim all liability in connection with the loss of any such content due to your subscription cancellation or termination. If you cancel the Service before the end of your current month, your cancellation will remain in effect until the end of the current subscription period and you will not be charged again.

Third Party Information and Links to Other Websites

You understand our Services rely on the availability of third party sites like Facebook, LinkedIn, Twitter, etc. to provide the necessary, software, networking, storage and related technology required to provide you with any of our social media services. These third parties may include advertisements or other links on your social media page and may make material changes to their websites or services that could significantly impact your own social media page. Moreover, we do not offer technical support to assist your use of third party vendors. We are therefore not responsible for, make no representations or warranties for, and disclaim all liability associated with your use of our Services relative to any such third party including, without limitation, data failures, network compromises or the speed or availability of the third party service.

Your Account, Password and Security

In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information ("Your Account"). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. SEO Hermit will not be liable for any loss or damage arising from your failure to comply with this section.

Intellectual Property

Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by SEO Hermit or which SEO Hermit has the right to use on the Site (the "Content"). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an "AS IS" basis without warranty of any kind.

Notice Specific to Documents Available on this Site

You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs ("Documents") provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.

Materials Provided by You

In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion ("User Content"). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.
You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these Terms of Use or is otherwise objectionable.
You agree to back-up all of your User Content so that you can access and use it when needed. SEO Hermit does not warrant that it backs up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of our use of User Content.

Purchases of Products and/or Services; Transfer of Title

Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.

Fees and Payments

By signing up for our social media services, you are agreeing to pay us the monthly or annual subscription fees indicated. Payments will be charged on the day you sign up to receive the service and will cover your use of that service for a monthly or annual period as indicated. All fees and payments are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. SEO Hermit expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees will be effective when the Services in question come up for renewal.

Unless otherwise stated, you may pay for Services by providing a valid credit card. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card information is current and valid. Failure to do so may result in the interruption or loss of Services. SEO Hermit will not be liable to you or any third party regarding these Services loss or interruptions.

If we are unable to charge your credit card for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that SEO Hermit may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.
SEO Hermit reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.

Late Fees and Penalties. We reserve the right to charge late fees, e.g. 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid.
NOTE: Service availability often depends on the availability of third-party service providers over which we have no control. Credit is not provided for periods where service is unavailable or reduced due to the unavailability or interruption of those third-party services.

Trial Offers.

Some of our Services are offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process of the applicable monthly subscription fee.

Disclaimer of Warranties

The Site and the products and services available via the Site are provided by use on an "AS IS" and "AS AVAILABLE" basis. Therefore you understand that your use of the Site and the products and services is at your sole risk. To the fullest extent permissible pursuant to applicable law, SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding the use or the results of the use of the products or services in terms of effectiveness, accuracy or reliability, that they will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.

SEO Hermit is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Materials. In states where the limitations on implied warranties or the exclusion or limitation of certain damages is not allowed, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights. In such cases SEO Hermit’s liability will be limited to the fullest extent permitted by applicable law.

Limitation of Liability

SEO Hermit and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or inability to use the Site or the products or Services made available through the Site, even if advised of the possibility of such damages. For any product or Service we provide to you, the aggregate liability of SEO Hermit its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed the amount actually paid by you to us for accessing the Services during the previous six months preceding the date that gave rise to the claim, or five hundred dollars ($500.00), whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases SEO Hermit’s liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You shall indemnify, defend and hold SEO Hermit, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.

Jurisdiction and Governing Law

Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Arizona without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in Arizona. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

General Support Services

SEO Hermit will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services during business hours by dialing 888-803-0843, ext. 1 or emailing us at support@seohermit.com. Our mailing address is SEO Hermit, 2010 East University Drive Suite 5E, Tempe, AZ 85281.

CUSTOM LOGO DESIGN TERMS OF USE

1. Our Obligations.
The Service provides individuals or entities that have signed up (each, a “Client”) the option to use a system to post specific assignments and project descriptions (each, a “Project”), including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") directly or indirectly with a website coordinator and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by SEO Hermit ("Members"). SEO Hermit will provide you, as the Client, the Service according to the product purchased. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

SEO Hermit reserves the right to refuse Service or remove content if any project, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. SEO Hermit does not have a duty and does not generally screen or edit projects, but we reserve the right to monitor or to remove, without notice, any project which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

SEO Hermit does not guarantee that your logo will not have similarities to logos designed by us for our other customers. Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other logo design projects for other customers.

You will own the final product but will not own any materials, media or other content generated during any revision cycles leading up to the final product and we expressly reserve all right, title and interest in and to the same. You acknowledge and hereby grant us a royalty-free, irrevocable exclusive worldwide right to use creative and revision briefs, individual responses provided to you, and the final product for internal and archival purposes and to display and promote our logo design Services.

2. Your Obligations.
You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site or with the help of your website coordinator, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. SEO Hermit is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. SEO Hermit may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.

When SEO Hermit provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform SEO Hermit that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify SEO Hermit that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. These revisions may also be submitted to your website coordinator. After you provide SEO Hermit with a Revision Brief, SEO Hermit will provide you with a subsequent Response that conforms to the additional criteria you requested. SEO Hermit is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; SEO Hermit reserves the right to charge additional fees for each such Revision. No revision work, which requires payment, will be started without your authorization.

You agree to provide timely responses to any status notifications that SEO Hermit sends to you. You shall have 15 calendar days to respond to each Response sent to you. If after 15 calendar days you have failed to respond, SEO Hermit will assume that your project is complete and the project shall be deemed completed. At such time, SEO Hermit will have no further obligation to you, and you will pay SEO Hermit pursuant to the provisions of this agreement. Notwithstanding the foregoing, SEO Hermit reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice.

SEO Hermit is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and infringes the rights of any third party.

3. Termination
Customer may cancel their service at any time however, you shall forfeit the right to the refund outlined above if you request additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from SEO Hermit, as described in section 1. There are no refunds for any rush service charges. 24-hour design fees and 24-hour rush changes are non-refundable. Refunds are only available to the actual Client for whom the logo was created. No refund is available for design firms or for those who order our design services on behalf of another entity.

In the event of termination, SEO Hermit will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded the total amount paid less applicable termination fees. All refunds are issued within thirty business days from the day that the cancellation was requested. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

4. Warranty
SEO Hermit makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, SEO Hermit or otherwise, nor does SEO Hermit endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, SEO Hermit makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. SEO Hermit shall not be responsible for any use of photos that are not royalty free. It is the clients responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by SEO Hermit for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.

5. Proprietary Rights
Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), SEO Hermit and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

Upon your submission of Client Information to the Service, you grant SEO Hermit a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by SEO Hermit (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and SEO Hermit expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to SEO Hermit a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Service. SEO Hermit retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this agreement. You hereby acknowledge that SEO Hermit shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that SEO Hermit shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall SEO Hermit be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

ACCEPTABLE USE POLICY

This Acceptable Use Policy encourages the responsible use of SEO Hermit’s Services. The behaviors listed below are generally prohibited because they either pose an unacceptable risk to the stability, integrity, or quality of our Service technology platform or are otherwise contrary to SEO Hermit’s corporate policies.

You are solely responsible for the content you furnish to us in connection with the Services we provide to you. We may, but do not regularly, review, screen or monitor content you provide to us for inclusion in your website or that you otherwise use, provide or make available in connection any Services we provide to you. You may access and use our Services for lawful purposes only and you are solely responsible for the knowledge of and adherence to all applicable federal, state and local laws and regulations pertaining to your use of our Services.

General Rules of Conduct.

Your use of our Services, including any content you submit, will comply with this Acceptable Use Policy and our Terms of Use together with any other applicable Service Agreement and all applicable local, state, national and international laws, rules and regulations. In addition, users of the SEO Hermit Services are prohibited from engaging in or facilitating the engagement in any of the following prohibited conduct:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this Policy which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software;
Spamming, i.e., sending unsolicited bulk and/or commercial messages over the Internet or maintaining an open SMTP relay. Please reference our Anti-Spam policy for more information;
Violating the intellectual property rights of others including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations or other entities or use in any manner directly or indirectly in violation of applicable laws or regulations of any third party’s rights;
Violating the privacy, publicity or other personal rights of others;
Using any Service to advocating obscene speech or materials or to advertise, transmit, store, post, display or otherwise make available child pornography or other forms of pornography or obscene speech or material. SEO Hermit reserves the right to notify law enforcement agencies if it becomes aware of the presence of child pornography on or being transmitted through the Service;
Gathering non-public or personally identifiable information for any unlawful purpose or violating the privacy or publicity rights of another including impersonating another or submitting content on behalf of another without their express prior consent or breach any duty of confidentiality that you owe to another;
Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription or other authorization;
Copying or distributing in any medium any part of this Site or the Services, except where expressly authorized by us;
Modifying or altering any part of this Site or the Services or any of its related technologies;
Promoting or providing assistance in promoting activities including:

advocating, promoting any unlawful activity against any persons, animals, governments, businesses or other entities
describing or displaying a weapon, parts of weapons or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
using the Service as a means to transmit or post language that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others
forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
Illegally or without authorization, accessing the computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as "hacking")
engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, or other destructive activities such as pinging, flooding, mail bombing, or denial of service attacks
exporting encryption software over the Internet or otherwise to points outside Canada or the United States
engaging in any other activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software
engaging in or promoting gambling
illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
engaging in any other activity, whether lawful or unlawful, that SEO Hermit, in its sole discretion, determines to be harmful to customers, operations, reputation, goodwill, or customer relations
interfering with the operation of this Site or the Services found at this Site or our network, or access thereto by other persons
copying, distributing or modifying any part of this Site or the Services offered on the Site, except where expressly authorized by us
operating in a manner to avoid the payment of Fees hereunder

Violations.

SEO Hermit reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy, its other corporate policies or any applicable laws. SEO Hermit may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on our systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by us. In the event we take such action, we shall not be obligated to refund to you any fees paid in advance thereof. It is SEO Hermit’s policy to fully cooperate with any law enforcement authorities or court order requesting or directing SEO Hermit to disclose the identity of anyone posting or transmitting any such information, materials or images.

SUBPOENA POLICY

SEO Hermit is committed to protecting the privacy of its customers. Our Privacy Policy and other laws prohibit the release of customer or account information without express permission from the customer except when required by law or to comply with legal process that is properly served upon us.

If you are seeking the identity or account information of a SEO Hermit customer in connection with a civil matter (or criminal matter if you are a member of the law enforcement community) you must fax, email, mail, or serve us with a valid subpoena to:

SEO Hermit for Business
Attn: Custodian of Records
2010 East University Drive Suite 5E
Tempe, AZ 85281
Email: seo@seohermit.com
Fax: +1 (888) 602-0231

We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

Response Time and Notification. Upon the receipt of a valid civil subpoena, we will promptly notify the customer whose information is sought via e-mail or U.S. mail. The customer will then have 10 business days to take further action. Unless circumstances dictate otherwise, we will not immediately produce the customer information sought by the subpoena.

We reserve the right to charge an administration fee to the customer by charging the payment method the customer has on file with us prior to the production of the subpoenaed information. Alternatively, we may issue an invoice to you. If so, payment must be made within thirty days from the date of receipt of the invoice. Checks should be made payable to SEO Hermit, LLC and mailed to:

SEO Hermit
Attn: Custodian of Records
2010 East University Drive Suite 5E
Tempe, AZ 85281

SEO Hermit’s subpoena compliance fees are as follows:

Engineering Research – $150.00/hour
Mailing costs – as billed
Material Costs such as Discs, Hard drives, etc. – as billed

Production of Electronic Mail. We will not release the content of a customer’s email except in rare circumstances and only in accordance with our Terms of Service, Privacy Policy and applicable law including the Stored Wire and Electronic Communications Act 18 U.S.C.ยง 2701 et seq. We may release identifying information and non-content account information according our Terms of Service and Privacy Policy.

Our email servers do not retain deleted or sent email, nor, in the ordinary course of business, do we retain any active account holder email that is not also accessible by the user. In other words, for active account holders, we have what the account holder has and nothing more. Interested parties are therefore encouraged to request the information they are seeking from our account holder directly.

In the event we are required to produce email records, we will not parse through the email account or run key word searches or date ranges against the contents of an email account. Therefore the entire email account will be produced.

PRIVACY – BUSINESSES

SEO Hermit Privacy Policy for Businesses

Effective Date: March 2013

Protecting privacy is an important part of the business of SEO Hermit Corporation (“SEO Hermit”). Throughout our existence, we have been a trusted custodian of sensitive data. Our customers rely on that trust. Founded in 2005, we have a long history of recognizing and protecting the privacy of our customers’ information. In 2007 we formalized our first privacy policy to ensure that all customers understand our commitment to protecting their privacy. We are committed to utilizing technology that gives you the safest and most powerful online experience available. We want to assure you that when we ask for customer information, our goal is to improve our business customer relationships and provide solutions you need to grow your business.

This website enables the ordering of a large suite of products and services designed to help your business grow. The following information will help you understand how we collect, use, and safeguard your information. The terms "we", "our", and "us" in this Privacy statement refer to SEO Hermit, LLC and its affiliates.

Information Collection & Use

We use the information collected about you to process orders and to provide a more personalized and value-added experience. We may also use your information to communicate with you about products, services, and future promotions. For the purposes of order verification and fraud prevention, we may exchange information about our customers internally within SEO Hermit, LLC and among our affiliates.

The type of information we collect, use, or share may depend on the product or service you have with us. At times, we may request that you voluntarily supply identifying information for purposes such as receiving correspondence, registering on this website, making purchases, or participating in online surveys, forums, blogs, chat sessions, market research or contests/sweepstakes. If you elect to participate, we may require you to provide business information, including your name, mailing address, phone number, financial institution information, credit card information, or e-mail address. In certain areas of our website, you may provide employee information such as when adding additional authorized users to your business account and updating contact information. When you submit business information to us, you understand and agree that we may access, store, and use your information.

Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may send you strictly service-related announcements on rare occasions when it is necessary to do so. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

For testimonials, we obtain the customer’s consent prior to posting their name along with their testimonial. We are not responsible for the personally identifiable information you choose to submit through testimonials. Information you provide will be safeguarded according to industry standards for security and confidentiality. SEO Hermit recognizes and appreciates the importance of responsible use of the information you choose to provide. We take steps to require that our vendors, consultants, suppliers, and contractors observe our Privacy Policy with respect to security and the collection, use, and exchange of our customers’ information. They are expected to abide by our Privacy Policy when conducting work for us and are prohibited from using your personally identifiable information for any other purpose.

Information Sharing and Your Choices

Reasons we can share your information	Does SEO Hermit Share?	Can you limit this sharing?
For our everyday business purposes – including billing, processing transactions, & fulfilling orders; customer & marketing support services	Yes	No
For our internal marketing purposes – to offer products and services to grow your business.	Yes	No
For our affiliated companies to market to you	Yes	No
For third parties to market to you	No	No

We may selectively share customer information, including names and mailing addresses, with reputable third parties and organizations whose products and services we think may interest you if the customer information is independently obtained by us (that is, if the information is received from sources other than your financial institution). Names and other personal information that are received by us through a financial institution are not shared with third parties except for the purpose of fulfilling our contracts with financial institutions or as otherwise permitted by law. We do not share your email address with third parties for them to market their products or services directly to you. However, we may partner with selected companies to offer certain products or services we believe may be of interest to you on their behalf.

We provide you with the opportunity to opt out of receiving unsolicited marketing as a result of your transaction with us. If you no longer wish to receive special offers or promotional communications from SEO Hermit, you may edit your Account Profile or follow the unsubscribe instructions included in each communication. You may also express your opt-out choices by contacting SEO Hermit customer service (contact information below).

We may share your personal information with companies that provide services to help us with our business activities such as shipping your order, billing processing or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We reserve the right to disclose information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.

Security

We are committed to protecting your personal and business information. Security measures are in place on this website to protect against the loss, misuse, and alteration of the information under our control. We offer industry-standard security measures available through your web browser. When you are on this website, the sensitive information you provide such as credit card and financial information is encrypted with secure socket layer (SSL) technology and scrambled en route and decoded once it reaches us. Please remember that e-mail, which is different from the encrypted sessions above, is not secure. Therefore, we ask that you do not send sensitive information such as credit card or account numbers to us via an unsecured e-mail message.

Tracking Activity on our Website

In order to make your visit to our website as productive as possible, we track certain user activity. However, we want you to know that the tracking technology we use does not identify any personal information about you. It cannot retrieve data from your hard drive, pass on computer viruses, or capture any personal information about you, such as your name, address, phone number, or email address. We only know who you are if you tell us.

As is true with most websites, we gather certain information automatically when individuals browse our site and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this non-personal information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole, in order to improve the functionality of the website. We use a third-party tracking service that uses technology to track this non-personally identifiable information about visitors to our site in the aggregate.

Social Media

Our site includes social media features such as Facebook “Like” and “Share This” buttons. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it.

Children Visiting Our Websites

This website is intended for use by adults. We do not knowingly collect or use information from children. Should children access this website, we are confident that parents will not judge any of the information provided as objectionable for viewing. If you are under 18, you may use this web site only with the involvement and permission of a parent or guardian.

Consent to Privacy Policy/Changes to Privacy Policy

By using this website you consent to our posted Privacy Policy. If you do not agree with this Privacy Policy, please do not use this website. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Your continued use of this website following the posting of changes to these terms means that you accept these changes.

We may change our privacy policy at any time. Any changes to the privacy and security policy will be posted on this website and any other places we deem appropriate so that you are aware of the information we collect, as well as how we use and protect it. If we make material changes to this policy, we will notify you by email, or by means of a notice displayed on our web page prior to the changes taking effect.

Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the confidentiality of information. These reviews are conducted by internal staff who report directly to the SEO Hermit Board of Directors, external auditing and accounting firms, and government regulators. Included in these self-assessments and examinations are reviews of the controls and safeguards described in our Privacy Policy.

To Correct/Update/Access/Opt Out:

We are committed to ensuring that the information we obtain and use about our customers is accurate. You can help us maintain accurate records by updating your profile information online or by using one of the methods listed below. Our service representatives are trained to answer questions about and give you reasonable access to your personal information in our database.

We will retain your information for as long as your account is active or as needed to provide you services and we will use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Contacting SEO Hermit

SEO Hermit, LLC
2010 East University Drive Suite 5E
Tempe, AZ 85281
Phone: +1 (888) 803-0843
Fax: +1 (888) 602-0231
E-mail: seo@seohermit.com