TERMS OF SERVICES AGREEMENT
The following Terms of Service govern your use of the Geoklix, LLC (geoklix) Website located at geoklix.com, including any services and features available on or through the Website such as pay per click Google Ads management service, consultation service content writing services, social media ads, local and ecommerce SEO services, hosting services, website design, coding, script installations, Google analytics pro, page speed optimization, webmaster services, consultation, local maps optimization, social media optimization and management, and directory submissions. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site.
Introduction
Geoklix will provide link building and/or content services as described on the website. All fees must be paid in full prior to the start of campaign.
Geoklix SEO Services will include (but are not limited to):
- Obtaining “backlinks” from other websites, blogs and directories in order to generate link popularity.
- Creating content/visual documents.
- Creating placement and submission reports.
The client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations and reports are confidential.
- Geoklix has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any blog, website, directory or search engine at any time at the sole discretion of the search engine or directory.
- Geoklix has no control over website and blog owners removing links and content or deleting/moving/changing their website. These placements will not be refunded or replaced.
- Under no circumstances shall Geoklix be liable to you (the end-user) for any damages whatsoever, including (without limitation) any direct incidental or consequential damages, loss of profits, or any claims of yours or third-party websites. You, the end-user assume all risks and potential damages (known or unknown) associated with using Geoklix services.
- Geoklix reserves the right to tweak anchor text and other order details to ensure successful placements.
- As an outsourced provider of specific SEO services, Geoklix does not guarantee search engine positions for any particular keyword, phrase, or search term. Neither does Geoklix guarantee any traffic increases.
- Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Geoklix does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
- Geoklix is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Non Disclosure
Geoklix does not sign individual NDA’s for every agency or client that wishes to use our services however as part of the terms of our service you can be sure that we treat every client with full Non-Disclosure respect.
The Recipient (Geoklix) undertakes not to use the Confidential Information disclosed by the other party (You) for any purpose except the Purpose, without first obtaining the written agreement of the other party.
We guarantee not to disclose any confidential information to any third party [except to your companies employees [and professional advisers and ] who need to know the same for the purpose.
Restrictions
Geoklix reserves the right to cancel any orders placed for websites in illegal or offensive industries. Any illegal content, products, services or items hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organization, product or service; cruelty towards animals; or otherwise content found to be objectionable will be canceled and refunded.
Prescription drugs; gambling or casinos and adult orders MAY be possible but have to be treated separately and will be canceled and refunded if ordered through the typical online order forms.
If you are unsure if your site violates our restrictions, please contact us FIRST.
All Parties irrevocably agree that the courts of Los Angeles, California the exclusive jurisdiction to:
(a) determine any dispute;
(b) grant interim remedies;
(c) grant any other provisional or protective relief.
1.) Services Provided
“Geoklix’s Local Internet Marketing Services Program or Package (s)” begins upon signing up for one of the packages offered at the time of the visit to geoklix.com, acceptance of month-to-month agreement with automatic billing every 30 days and the keyword research and finalization of desired target keywords from a prospective Customer. Upon completion of Geoklix’s SWOT Analysis, the Customer will receive “Geoklix’s Introductory Welcome E-mail’ that displays account activation information and provides the customer with access information to their online SEO reporting dashboard. The Customer is provided with contact information for Geoklix Support via E-mail and/or Online Chat. “Geoklix’s Introductory Welcome E-mail” also shares the destination pages for Geoklix’s Social Pages, Local SEO FAQ section, and process for submitting a Support Ticket through the Customer Dashboard.
The “Date of Service” date represents the date which each keyword and the associated destination page on the customer’s website has been approved by Geoklix and the Customer. Accordingly, “Geoklix’s Internet Marketing Services Package (s)” will begin on the date of approval from both Geoklix and the Customer.
Ranking reports have updated a minimum of (3) times per month within the Customer Dashboard which all Active Geoklix Customers have a login/password to their specific programs. As an Active Geoklix Customer, the Customer Dashboard is available at any time. Within Geoklix’s Customer Dashboard, the Customer also has full access to their Account Information, All Active Keywords, Further, Geoklix distributes a Monthly Ranking Report each month that is sent via e-mail to the Customer’s e-mail address on record, and the update is also archived within the Customer Dashboard. This report provides the customer with a Monthly summary of the current rankings on each Active Keyword receiving SEO optimization services from “Geoklix’s Local Internet Marketing SEO Services Packages”.
2.) Pricing and Invoicing Terms
Pricing for each marketing package on the Website is subject to change with or without notice. For active customers, pricing is therefore locked for the duration of “Geoklix’s Local Internet Marketing Services Packages”, and will not change at any time during the (1) month period. All client invoicing is performed on monthly basis by Geoklix. The invoicing charges are based exclusively on the Internet Marketing or SEO Add-on packages or services purchased and tied directly to the agreed-upon month-to-month agreement. Customer invoicing takes place at the start of the SEO service and at every renewal day.
3.) Proprietary Rights
As between you and Geoklix, with the exception, in some cases, of Submitted Content Assets, as defined below in Section 5, we own, solely and exclusively, hold all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Website, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content, code, data or materials that you may access on the Site.
All information you submit to Geoklix is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire” and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and Geoklix.
There may be times when it is necessary for the client and Geoklix to disclose confidential information to each other. Any such information must be designated as such during delivery by the party disclosing the information (else all provisions and liabilities are waived). Once in the possession of the other party, the information must be safeguarded and remain undisclosed to other third parties. Confidential information does not include: information that is already known to the party to which it is disclosed, information that is (or becomes) part of the Public Domain (without breach of this Agreement), and information obtained from third parties that have no obligations under this Agreement.
Geoklix agrees not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed-on price results in the copyrights belonging to Geoklix. We also agree not to reuse the content we provide to you in the same form as provided to you. Geoklix cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights.
Resellers of blog services and Affiliate Services provided by Geoklix are bound with us as if they are the clients, and we are the provider. Any terms of service or contracts between resellers and clients remain between them and we shall not be held liable for what any reseller does with content or any other promises they make to their clients.
All content producers, bloggers, affiliates, or other people who freelance or work for Geoklix agree to the following:
- Clients of Geoklix cannot be used as your personal references. Your work is done for Geoklix and not for the client. Any use of any Geoklix Client’s Name for your personal gain, reference, or any other use may lead to legal action against you by the client or by Geoklix.
- In some cases, you may receive information about clients of Geoklix. This information, by default, is to be considered confidential. You may not use or share this information with anyone outside of Geoklix.
- No one who contracts to write content or do other work for Geoklix may contact any client of Geoklix without express permission of Geoklix for any reason. By accepting work through Geoklix, you agree to this no-compete clause even if you decide to stop accepting work from Geoklix. You are allowed to accept work from any source while you accept work from Geoklix and of course after you stop accepting work from Geoklix, however any action on your part to contact clients of Geoklix directly for the purpose of providing content to them will be cause for legal action.
- As a content provider to Geoklix, you may not reuse any content you provide to us in any way.
4.) Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Geoklix and other owners and may not be used unless authorized by the trademark owner. Geoklix will enforce its Trademark rights to the fullest extent of the law.
5.) Limited License
You may access and view the content on the website on your computer or other Internet-compatible device, and make single copies or prints of the content on the website for your personal, internal use only. The website and the website’s services and any content and materials on the website, are only for your personal, non-commercial use.
6.) Prohibited Use
You may not commercially distribute, publish or exploit the Website, or any content, code, data or materials on the Site, unless you have received the express written prior permission of Geoklix or the applicable rights holder. Other than as set forth in Section 5. of this Terms of Services Agreement, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the website. If you make other use of the website, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. Geoklix will enforce its intellectual property rights to the fullest extent of the law.
7.) User Information
Please see our privacy policy section on the Website.
8.) Linking to the Web Site
We may insist that any link to the Website be discontinued, and we may revoke your right to link to the Website from any other Website at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.
9.) DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG (S)) SHALL CREATE ANY WARRANTY. GEOKLIX 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 IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH GEOKLIX OR ITS AGENTS.
10.) Indemnification
You agree to defend, indemnify and hold Geoklix, its agents, affiliates, and its and their directors, officers, employees and trustees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11.) LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GEOKLIX OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GEOKLIX FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
12.) Applicable Laws and Dispute Resolution
We control and operate the website from our offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations/areas. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of Los Angeles, State of California, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction. Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.
13.) Cancellation and Refunds
Cancellation of a Geoklix services is permitted 5 days prior the monthly, upcoming renewal date unless the account has been pre-paid for a certain time period. Due to the nature of our Internet Marketing services, refunds cannot be provided.
14.) Changes to Terms of Service
Geoklix reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.