EffortlessMarketingClub.com – Terms of Service
TERMS OF SERVICE
The following are the terms and conditions for use of the EffortlessMarketingClub.com – (“EffortlessMarketingClub.com”) Search Engine Optimization Reporting Service (“Service”). Please read them carefully before using the Service.
BY COMPLETING THE REGISTRATION PROCESS, YOU ( the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
To register for the Service and create an account, you must complete the registration process by providing EffortlessMarketingClub.com with complete and accurate information as prompted by the registration form, including domain name, keyword, email, username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify EffortlessMarketingClub.com immediately of any unauthorized use of your account or any other breach of security.
From time to time, EffortlessMarketingClub.com may find it necessary to access your account. For instance, EffortlessMarketingClub.com may access your account for support, maintenance, or security-related reasons. In such an event, EffortlessMarketingClub.com will, if possible, provide you notice of its intent [to use your username and password] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
Free Reports, Payment, Refunds, Upgrading and Downgrading Terms
Each user is entitled to 1 (one) free use of the service. Users have the option to purchase other reports. If a user opts into a monthly subscription for unlimited use of Service, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.
1. You are solely responsible for properly canceling your account. Since all accounts are billed using PayPal you must unsubscribe your account through PayPal. Please do not assume your account has been canceled if you email site support. Your subscription will be immediately terminated upon you canceling your subscription.
3. By canceling your Service, you realize that the minimum service, subscription and payment period is one month. If you cancel the Service before the end of your current paid up month, your cancellation will take effect on your next billing date, and you will not be charged again.
4. Please complete the deletion process only if you are certain you would like to remove your entire account and any features you have personalized within the account. After the deletion process is initiated, your account and any saved contents can never be recovered.
Subject to the terms and conditions of this Agreement, EffortlessMarketingClub.com hereby grants you a revocable, non-exclusive, non-transferable license to utilize the Services provided by EffortlessMarketingClub.com.
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the EffortlessMarketingClub.com services or allow third party access to all or any portion of the EffortlessMarketingClub.com Services, by sharing your access username and/or password.
As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the EffortlessMarketingClub.com website. EffortlessMarketingClub.com may change the fees for Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by EffortlessMarketingClub.com prior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable monthly in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.
The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by EffortlessMarketingClub.com that relates to the Services (including your password) that is not publicly known. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
VI. PROPRIETARY RIGHTS; RESTRICTIONS ON USE
Except for the limited licenses expressly granted herein, EffortlessMarketingClub.com expressly reserves all right, title and interest in and to the Services, the content of the EffortlessMarketingClub.com website, and all processing, analytics, and other software and technology used by EffortlessMarketingClub.com in the provision of the Services (“EffortlessMarketingClub.com Technology), including, without limitation, any derivatives, improvements, enhancements or extensions of the EffortlessMarketingClub.com Technology conceived, reduced to practice or otherwise developed on or on behalf of EffortlessMarketingClub.com, all of which are valuable assets of EffortlessMarketingClub.com, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any EffortlessMarketingClub.com Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by EffortlessMarketingClub.com or inconsistent with EffortlessMarketingClub.com’s standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or EffortlessMarketingClub.com Technology, or attempt to access data of any other customer of EffortlessMarketingClub.com; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by EffortlessMarketingClub.com; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
You agree to indemnify, hold harmless and defend EffortlessMarketingClub.com, at your expense, against any and all third party claims, actions, proceedings, and suits brought against EffortlessMarketingClub.com or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by EffortlessMarketingClub.com or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the EffortlessMarketingClub.com Services. In such a case, EffortlessMarketingClub.com will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. EffortlessMarketingClub.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
VIII. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EffortlessMarketingClub.com and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
EffortlessMarketingClub.com does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that EffortlessMarketingClub.com shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SMALLBUSINESSWEBPROCLUB.COM EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SMALLBUSINESSWEBPROCLUB.COM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
IX. LIMITATIONS OF LIABILITY
SMALLBUSINESSWEBPROCLUB.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SMALLBUSINESSWEBPROCLUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
SMALLBUSINESSWEBPROCLUB.COM’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO CRAZY EGG FOR USE OF THE SERVICE.
X. TERMS AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
Upon any termination of this agreement, (i) EffortlessMarketingClub.com will cease providing the Service; (ii) any outstanding balance payable by you to EffortlessMarketingClub.com will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
XI. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
EffortlessMarketingClub.com reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the EffortlessMarketingClub.com website located at https://www.EffortlessMarketingClub.com/cancel/ or such other URL as EffortlessMarketingClub.com may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of EffortlessMarketingClub.com or (ii) you continue to use the Service after EffortlessMarketingClub.com has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
XIII. MISCELLANEOUS; APPLICABLE LAW AND VENUE
EffortlessMarketingClub.com shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the province of Alberta without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Alberta law, Alberta law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Canada. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by Canadian Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to EffortlessMarketingClub.com must be sent to:
VH Marketing Ltd.
(Owner of EffortlessMarketingClub.com)
#6, 6304, Burbank Road, SE
Calgary, AB T2H 2C2
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without EffortlessMarketingClub.com’s prior written consent, and any such attempt is void. The relationship between EffortlessMarketingClub.com and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XIV. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
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