Terms & Conditions
Please read these terms and conditions carefully. They govern the use of this website and provision of InboundREM Inc. services described on this page, acceptance of which constitutes a legally binding contract.
INTERPRETATION AND DEFINITION
This Agreement is by and between InboundREM Inc., its Clients their heirs, assigns, agents contractors, and Users of InboundREM website and is made effective as of the date of electronic execution. By accessing the InboundREM website, you acknowledge and agree that you have read, understood, acknowledged, and agreed to be bound by all the terms and conditions of this Agreement.
1.1 By offering this site for use, InboundREM provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. InboundREM reserves the right to amend or terminate this license at any time and for any reason.
1.2 Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, InboundREM does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.
1.3 The InboundREM name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.
1.4 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.
2. LINKS TO OTHER WEBSITES
2.1 Links to other websites are provided for your convenience. InboundREM does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. InboundREM will not be liable for any damages or injury arising from your access to such sites or content.
3. LIMITATIONS ON USE OF SITE
3.3 You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of InboundREM. You agree that while you have unlimited USE of the website that you will not copy or replicate the core development that represents a large investment of intellectual capital for InboundREM.
TERMS OF SERVICE
InboundREM offers internet marketing services that include, but are not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, Web design/development, UX Optimization, Conversion Optimization (hereafter “CRO”), and Consultation.
1. QUOTE FOR PROVISION OF SERVICES
1.1 All quotes supplied by InboundREM are valid for 30 days from the date the quote is provided. InboundREM may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing, or via Docusign.
2. COMMENCEMENT OF SERVICES
2.1 InboundREM will send the Client an email requesting additional information for the Marketing Agreement. InboundREM will commence work within fourteen (30) days after the date of receipt of information.
2.2 InboundREM will use its best endeavors to provide Service to Clients within a reasonable timeframe. InboundREM is not liable for delays to projects or anticipated timeframes for delivery of service.
3. PAYMENT TERMS
3.1 Client agrees to pay for the Products and Services in full or as the agreement provisions PRIOR to work commencing on the Marketing Agreement unless otherwise agreed at InboundREM’s discretion. Invoices are payable by subscription on a pre-agreed date that matches the inception of the Marketing Agreement. If the client needs to defer or delay the subscription payment they agree to do so within five (5) business days from the date of the invoice. Payment will resume on the original payment date for the following subscription period. Failure to pay within (5) business days can lead to one time late payment penalty equal to 10% of the payment amount. This penalty can only be waived by InboundREM and will be reviewed on a case-by-case basis.
3.2 Client may request a full refund within three (3) days of remitting payment to InboundREM, prior to work commencing. The client acknowledges that no refunds are available once work has commenced on the marketing agreement. Work constitutes any assignment of tasks, or emails sent to or from the client. In most cases, work starts the same day as the project’s inception. If work has commenced and a refund is requested InboundREM may at its own discretion either refuse a refund or tally up the hours worked along with a 30% “false start” penalty and submit the remaining monies as IREM sees fit.
3.3 For SEO Contracts, a one-time setup fee will sometimes be assessed and payment is required prior to work commencing. Monthly management fees are not included in the setup fee. The client will be billed for each month for the management fee until the customer provides InboundREM with a written cancellation request which needs to be submitted 7 days before the next billing date.
3.4 If the Client provides InboundREM with their credit card information, you authorize InboundREM to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with the InboundREM cancellation policy.
3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, the Client authorizes InboundREM to arrange for account funds to be debited to your account.
3.6 All payments to InboundREM Inc. will be made in USD (United States Dollars).
4. LATE OR NON-PAYMENT
4.1 If payment has been declined or has not been made, InboundREM will re-attempt to process payment TWICE over 5 business days. If payment has still not been made after both attempts the Client’s account will be suspended and a reactivation fee of $100 will apply.
4.2 For returned cheques due to insufficient funds, InboundREM reserves the right to request an alternate payment method.
4.3 If payment has not been received after 30 days, this will result in the termination of our services and any links and SEO work will be removed. Canceled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter. The website and all work furnished become the property of InboundREM.
3. CLIENT OBLIGATIONS
5.1 Client will provide InboundREM with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as InboundREM may request, including, but not limited to, providing source code and other statistical, diagnostic information, and other relevant information required to enable InboundREM to comply with its obligations under this Agreement.
5.2 InboundREM shall provide the Services for the continuance of this Agreement InboundREM will use reasonable efforts to provide the Client with the Services in accordance with the estimated timeline set out in the Marketing Agreement.
5.3 Where the Service being provided requires, InboundREM will liaise with the relevant web agency, hosting company, or other third parties in order to provide the Services. InboundREM shall not be liable for any act or omission by the relevant web agency, hosting company, or another third party, if such act or omission results in InboundREM breaching its obligations under this Agreement.
5.4 InboundREM will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that InboundREM have the right to make the agreed changes and the Customer, where they are the website owner, agrees to and takes full responsibility for those changes being made. Long-term written and verbal consent is implied when the client agrees to let InboundREM provide month-to-month services that require making changes to the client’s website.
6. IMPLEMENTATION OF SEO SERVICE
6.1 InboundREM warrants that the content, link building, on-page, and off-page optimization the client has contracted for will in most cases result in first page results on the designated Search Engine (Google) (Normally 12-36 months). If InboundREM is unable to achieve 300 unique monthly visitors within 12-36 months the client may ask for additional services to achieve the said result with no additional fees applied to the client’s account. InboundREM will review these requests on a case-by-case basis and reserves the right to decline the provisions of additional services. In no way does this constitute a “guarantee”.
6.1.1 Client acknowledges that InboundREM may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, all previous discussions of potential future results will be considered void with the client’s expectation being they will see 0 results.
6.1.2 Client acknowledges that results will be far more significant if they add unique photos, videos, and relevant commentary to website pages that display personal expertise in the area or areas of focus.
6.2 Client acknowledges that “normal” SEO results are 10% of pages on a website might achieve enough ranking to generate visitors and those pages are not at the discretion of InboundREM.
6.3 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of InboundREM. Search Engines are third-party systems with unknown variables, algorithms, and indexing decisions that can change at any time and without notice over which we have no control. InboundREM will use the best efforts, techniques, and accepted standards to improve the Client’s Search Engine Ranking but cannot guarantee the ranking of the Client’s website on any major Search Engine using the Client’s desired keywords. The client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages and the popularity of that term on other websites.
6.4 Client further acknowledges and understands that a website’s rankings may go backward. The client agrees that if this were to happen, no liability will be on InboundREM, and no refunds or discounts given.
6.5 InboundREM is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
6.6 InboundREM is not responsible for the Client overwriting InboundREM’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content or optimizing existing content uploaded by other webmasters or the client themselves.
6.7 InboundREM follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
- duplicate sites, duplicate content or pages, redirects, or doorway pages.
- link farms or any spamming techniques which may harm the website’s ranking with Google.
- Increased traffic or sales
- hidden links
- automated website submission software or websites
6.8 Client acknowledges that InboundREM will add footer text such as “Real Estate SEO Services” by the “InboundREM” link to the footer section of each website they work on.
7. IMPLEMENTATION OF GOOGLE ADWORDS®
7.1 InboundREM shall provide the Client a management service of a Google AdWords® account in accordance with the terms set out in the Marketing Agreement.
7.2 Client expressly permits InboundREM to create a Google AdWords™ account on their behalf. The client acknowledges that Google AdWords™ is subject to Google’s Terms and Conditions. The client’s account will be deemed active once Google™ approves it for online advertising. InboundREM is not liable if the Client’s account is rejected.
7.2.1 Clients may also create a Google AdWords account using their own information at which time they give express and unlimited consent for InboundREM to choose keywords, create ads or any type, and display these ad’s on the client’s behalf without review or written or verbal consent.
7.3 InboundREM acknowledges that the Client owns the Google AdWords™ Account developed by InboundREM. Upon expiration of the term of this agreement, the Client may retain the account and all its configuration.
7.4 InboundREM provides real-time access to all work through access to basecamp. The client agrees to review and were necessary to request edits or revisions to said work within fourteen (14) business days of the work being marked (complete) within Basecamp. InboundREM is not liable for errors or omissions once the ads are placed.
8. FACEBOOK AND SOCIAL MEDIA ADVERTISING
8.1 InboundREM agrees to promote the Client’s company on Facebook® and/or Social Media sites including but not limited to Twitter™, YouTube™, Pinterest and Google + through targeted advertising campaigns per the agreed specifications set out in the Marketing Agreement.
8.2 Client agrees to provide InboundREM with information (ad banners and website links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by InboundREM. Drafts will be sent to the Client for approval before being submitted to the relevant site.
8.3 Client agrees that any images to be used in advertisements will be supplied to InboundREM. The client acknowledges that if images are not provided, additional design fees may be payable. InboundREM will include these additional fees on the invoice.
8.3 Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. InboundREM will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, InboundREM shall require the Client to supply a new copy acceptable to the aforementioned sites. InboundREM cannot be held liable for the rejection of ads by third-party websites. The client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, InboundREM is not liable for this decision and no refund will be payable.
9. LINK BUILDING
9.1InboundREM shall provide the link building services as specified in the Marketing Agreement.
9.2 The number of links stated in the Marketing Agreement is the number of links that InboundREM will provide. The placement of these links will be recorded in Basecamp and recorded page to page. The number is correct at the point at which the link is placed and the client accepts the responsibility to check the link within (14) days of placement.
9.3 InboundREM offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported in basecamp.
9.4 Client acknowledges that InboundREM is not liable for the content of those sites. Use of any such linked website is at the Client’s own risk.
9.5 The inclusion of any link does not imply endorsement by InboundREM of the site.
9.6 Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. InboundREM does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
10.1 InboundREM agrees to produce written material for inclusion on the Client’s website upon the request of the Client and per the agreed specifications in the Marketing Agreement.
10.2 InboundREM agrees that it will be the sole author of the work, which will be original work by InboundREM copywriter, free of plagiarism. InboundREM agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, the right of publicity, or any other right of a third party.
10.3 Client may provide additional copy to InboundREM. The client accepts full responsibility for all detail contained in the copy provided to InboundREM and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
10.4 InboundREM acknowledges that the Client has the right to edit the work in a time frame agreed upon in advance (Usually 14 days) as it deems appropriate for publication and that InboundREM will cooperate with the Client in editing and otherwise reviewing the work prior to publication.
10.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements, and assertions. InboundREM is not liable for errors discovered after publication.
11. WEB DESIGN AND DEVELOPMENT
11.1 InboundREM agrees to design and develop a website at the Client’s request and will deliver the work to the agreed specifications in the Marketing Agreement.
11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Marketing Agreements, including providing samples illustrating the Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. The client agrees to provide information to InboundREM within 15 days of signing the agreed Marketing Agreement. Failure to supply sufficient detail to begin a project may result in the cancellation of the said project or a restructured timeline all of which InboundREM is not liable for.
11.3 Client agrees to supply InboundREM with adequate photography or imagery to use in the origin, or SEO may recommend a stock photography bundle to suit the project. The client acknowledges that an additional fee may be assessed for any stock photography we acquire.
11.4 Client agrees that if it fails to deliver information or content to InboundREM to enable development work to commence within thirty (30) days, InboundREM may at its discretion consider the project canceled. The client also agrees that no refund would be payable under this circumstance and will not hold InboundREM liable for subsequent breach of this Agreement.
11.4 InboundREM will send the Client a “Web Draft” once work is completed. The client agrees to review and test websites for grammatical, spelling, graphical errors, and coding bugs. The client hereby agrees that it is their sole responsibility to notify InboundREM of any such errors during the revision cycle and before the final files have been generated. The client agrees to provide feedback and revisions to InboundREM within fourteen (14) working days after receipt of the draft.
11.6 Client is responsible for acquiring and purchasing a domain name. InboundREM may at its discretion advise or acquire a domain on the client’s behalf.
11.7 Client hereby acknowledges that InboundREM is not responsible for any errors, grammatical or otherwise found in the submitted material Client provides for the development of the website.
11.10 InboundREM agrees to resolve any errors or implement revisions requested by the Client. The client agrees that a maximum of three revisions is available.
11.11 Client acknowledges that any change requests after final approval has been given to InboundREM or after the website is live in Production, that InboundREM reserves the right to require the Client to sign a new contract and/or pay any subsequent fees. In the event, that subsequent fee are required InboundREM will not commence work on subsequent change requests until full payment has been received.
11.12 Client acknowledges that InboundREM will add a “WordPress Real Estate SEO theme” by “InboundREM” or other similar branding language link to the footer section of each website they work on.
12.1 Client’s website will be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, top response rates, and daily backups.
12.2 InboundREM may recommend changing the Client’s host or server, in order to protect the interests of your website’s ranking within the Search Engines. InboundREM offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction, or interruption of this service.
12.3. The client may elect to host their website at InboundREM for no additional fees. InboundREM will only host websites it is currently or has previously provided SEO services for.
12.4 Client acknowledges that InboundREM may from time to time be required to perform maintenance, upgrades, or replacements to servers. InboundREM reserves the right to suspend access to such servers during the required time to do the maintenance, upgrade or exchange the server. In this event, InboundREM will notify the Client via e-mail before the due date and time for maintenance.
13.1 IDX is defined as Information Data Exchange services that InboundREM adds to WordPress themes. This technology and all the data it feeds into the website are owned by the IDX provider.
13.2 InboundREM alters or customizes the way this IDX data appears on the website TO THE LIMITES THE IDX data feed allows.
13.3 InboundREM provides 3,6,9 hours of customization services of this IDX data feed depending on the Subscription level the client has signed up for. Any ADDITIONAL hours of customization above and beyond those specified in these terms and conditions are billable at $150.00 per hour.
13.4 InboundREMs assessment of hours delivered for IDX modification or estimated hours to modify the IDX are final. Hours spent researching solutions to client requests are either billable hours or assessed against the total hours included in the subscription. See 13.3.
14. INTELLECTUAL PROPERTY AND COPYRIGHT
14.1 The technology and content provided on the InboundREM Site, unless specified otherwise is owned by or licensed to InboundREM. Content includes but is not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software. InboundREM provides a lifetime license for most “content” and add’s this disclaimer to make clear we are not allowing for the duplication of our websites as part of any ownership agreement.
14.2 InboundREM and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, the Client acknowledges said content and technology is protected by the United States and international intellectual property laws.
14.3 For all content, imagery, or photography provided to InboundREM in the provision of services, the Client hereby warrants:
i) they own the intellectual property rights in that content;
ii) that content does not infringe the intellectual property rights of a third party;
iii) that content is not fraudulent, stolen, or otherwise unlawful;
iv) that content does not violate any applicable law, statute, ordinance, or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
v) that content is not defamatory, unlawfully threatening, or unlawfully harassing; and
vi) that content does not contain viruses or other computer codes, files, or programs that are designed to limit or destroy the functionality of other computer software or hardware.
14.4 InboundREM reserves the right to refuse any content it considers to be in contravention with any of the above statements.
15. STOCK IMAGERY/PHOTOGRAPHY
15.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.
15.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed on your website by InboundREM. Any editing of the dimensions in which they appear may contravene their usage rights.
16. TRUTH IN ADVERTISING
16.1 Client hereby warrants that there is nothing in any advertisement or other material provided to InboundREM, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.
16.2 Client agrees to indemnify and hold harmless InboundREM, its employees, directors, heirs, and assigns against all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material
17. ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
17.1 All copyright and other intellectual property rights in any work created, commissioned, or otherwise acquired by InboundREM during the implementation of any contract between InboundREM and Client shall remain with InboundREM until full payment which includes the full-service cycle as laid out in the Marketing Agreement.
17.2 Upon full payment, InboundREM hereby agrees to transfer to the Client all rights title, and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code, and other output which is produced, extended, or modified during the production of the work outlined.
17.3 ALL PROCESSES used by inboundREM including third-party tools, service sequences, link building providers, and service descriptions, are the sole intellectual property of inboundREM and may be shared with third parties or resold only with the express permission of inboundREM management. This clause in no way implies ownership of third-party services merely the way they are used in executing the agreed-upon marketing agreement.
18. TERM OF AGREEMENT AND CANCELLATION
18.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
– 548 days for search engine optimization contracts
– 180 days for Google AdWords™ and Social media advertising contracts
18.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days’ written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
18.3 Cancellations become effective on the day processed by InboundREM. The client will be notified of the “effective” date of the cancellation via email.
18.4 If the Client cancels their agreement PRIOR to completing at least one full term of 548 days they release InboundREM of any and all performance expectations.
18.5 Upon “acknowledged” receipt of cancellation the client becomes immediately responsible for all service, hosting, and security of the website including making arrangements and covering the cost of the transfer. Should the client have prepaid service InboundREM will retain these deposits until 90 days after the site has been transferred OFF its services then calculate and resolve any credit that might be due. InboundREM reserves the right to calculate these returns at its own discretion.
18.6 If the client cancels with outstanding services, they immediately absolve InboundREM of the delivery of the outstanding services.
18.7 Once cancellation is submitted the client has 7 days to move the site or commit to InboundREM’s hosting solutions, failure to do so will result in a daily emergency hosting fee of $25.00 dollars being applied to the client’s account.
18.8 Once the client has canceled and moved the site InboundREM reserves the right to no longer communicate about that project.
18.9 While InboundREM has hosting partners, they can recommend the responsibility of finding another hosting provider is sole to the clients and assistance provided by InboundREM is not assumed.
19. If the client cancels their agreement and initiates a chargeback but comes back later to do business with InboundREM IREM will bill the client $250 per hour for time spent resolving the dispute.
19. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
19.1 InboundREM warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed-upon Marketing Agreement.
19.2 Client acknowledges that InboundREM does not warrant or make any representations concerning the accuracy of design, content, features, features, functions, and performance of any web pages created by InboundREM or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
19.3 Client hereby agrees that the responsibility to check the performance, accuracy, and quality of any web pages created by InboundREM rests solely with them.
19.4 Client hereby agrees that InboundREM is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
19.5 Client agrees InboundREM is not liable for the absence of services as a result of illness or holiday.
19.6. The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by InboundREM and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
19.7 USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, SMART SEOMAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL INBOUNDREM OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “INBOUNDREM”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF INBOUNDREM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, INBOUNDREM IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF INBOUNDREM TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
21.1 Client acknowledges and agrees that InboundREM, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:
i. fails to pay any sum due under this Agreement and such sum remains unpaid for 5 days after written notice from InboundREM that such sum has not been paid;
ii. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors, or
iii. fails to fulfill any of its obligations under any part of this or any other agreement that it has with InboundREM; or
iv. interferes with or impairs the Service, or InboundREM’s ability to deliver the Services.
vi. behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.
21.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality. At no time shall the client transmit InboundREM processes, service descriptions or prices to ANYONE. Failure to abide by the confidentiality policy can lead to the cancellation of a pre-existing agreement as well as InboundREM seeking reparations for exposing trade secrets.
22.1 Client agrees to indemnify and hold harmless InboundREM, its employees, directors, heirs, and assigns against all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
23.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
24.1 This Contract shall be governed by the laws of the State of Wyoming, United States. The parties submit all disputes arising between them to the courts in the State of Wyoming and any court competent to hear appeals from those courts of the first instance.
25. ENTIRE CONTRACT
25.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments, and agreements about the website and the services.
26. OTHER LEGAL NOTICES
26.1 The Trademarks used herein are registered trademarks and used under license:
– YouTube™ and Google AdWords™ are registered trademarks of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043
– LinkedIn® is a registered trademark of Linkedin Corporation, 2029 Stierlin Ct. Mountain View, CA 94043
27. Client Accountability