SiteSolutions.Com Service Agreement & Terms and Conditions
PLEASE READ THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN CAREFULLY. THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT AND TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE, THE PRODUCTS, OR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT ACCEPT THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN, THEN DO NOT USE THIS WEB SITE, THE PRODUCTS, OR THE SERVICES. THIS AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. YOU ARE HEREBY ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL PRIOR TO MAKING A LEGALLY BINDING CONTRACT AND AGREEMENT, TO DISCUSS THIS SPECIFIC AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AS THEY RELATE TO YOUR LEGAL RIGHTS AND OBLIGATIONS.
This is an Agreement and binding contract between you, herein known as “You”, “Your”, “User”, “Credit Card Holder” “Website Owner”, and Online Fulfillment Corporation, herein known as “SiteSolutions.Com”, “WE” or “OFC”. It governs your use of OFC’s tools, products, and or services (collectively called the “Service”). OFC OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE IN ANY FORM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. The current version of this Agreement may be found at OFC’s Web site at http://www.SiteSolutions.Com/ssterms.aspx. Please read this Agreement and the Terms and Conditions contained herein carefully.
1. SERVICE
1.1. By completing the enrollment process to become a subscriber of the Service or by placing an order for any Service using any method including but not limited to ordering online, ordering telephonically, ordering by fax, or by using the Service, or software provided by OFC (“Software”) other than to read this Agreement, you agree and have agreed to accept all of the terms of the Agreement (including the Guidelines and the Privacy Statement, the No Refunds Policy, and the Automatic Renewal Policy) as if you had signed it. If you were, have been, or will be, sent an Agreement requesting you to review and sign said agreement for any OFC services and you have not returned or will not return said agreement signed with your signature, you hereby acknowledge and agree that even without your signature on said agreement, that you remain fully bound by any and all terms and conditions contained herein and that by not signing the agreement sent you does not under any circumstances nullify or modify the terms and conditions contained herein which you hereby acknowledge and agree to be bound. OFC may change this Agreement at any time; such changes will be effective immediately upon transmission of notice by e-mail, postal mail, posting on the OFC Web site or any other means. Each time you use the Service reaffirms your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you may discontinue using the Service and the Software and immediately terminate your account as set forth below subject to OFC’s No Refunds Policy.
If you are agreeing to these Terms on behalf of a business or organization, you represent and warrant that you have the legal authority to bind that business or organization to this Agreement and to the Terms and Conditions contained herein, and your agreement to them will be treated as the Agreement of the business or organization in which case the terms “you”, “your” or “User” shall refer to such business or organization. If, after your agreement to this Agreement and to the Terms and Conditions contained herein, OFC finds that you do not have the legal authority to bind such business or organization, you are hereby advised, you hereby acknowledge, and you hereby agree that you will be personally, legally, and financially responsible for any and all obligations contained in these Terms and Conditions, including but not limited to all payments for any Service ordered by you, and for any costs incurred by OFC to collect said payment including but not limited to any cost or fees incurred by or from a collection agency, legal representation, and all court costs plus any additional damages, fees, interest, or costs as allowed by a court of law. OFC shall not be liable for any loss or damage resulting from OFCÕs reliance on any instruction, notice, document or communication reasonably believed by OFC to be genuine and originating from an authorized representative of your business or organization. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, OFC reserves the right (but undertakes no duty) to require additional authentication from you.
Where there exists a separate signed agreement between the parties with respect to one or more services being offered by OFC, by the mention of said agreement herein, the full terms, conditions, and obligations acknowledged, accepted, and agreed upon in said separate agreement as shown by the signatures of both parties to the agreement, shall remain binding upon the parties thereto and shall have the full force and effect as if fully set forth herein including OFC’s No Refunds Policy and Automatic Renewal Policy.
1.2. Please refer to your initial sign up communications, if any, for specific information with respect to your service level. OFC may discontinue or alter any service level or aspect of the Service at any time, without notice, without liability and in OFC’s sole discretion.
1.3. Due to the uncertainties of the actual delivery of email via the Internet, any and all email notifications sent you by us as a notification of your site(s) having been submitted to the search engines are specifically mentioned herein as NOT being any part, integral or otherwise, to the actual submission services you may have or will have purchased from OFC. Therefore, any failure by you to receive any or all email notification sent by us with regard to your websites actual submission or any processes involving OFC’s Service, DOES NOT constitute any type of breach on the part of OFC and therefore does not constitute a cause of action, cancellation, or refund.
2. YOUR OBLIGATIONS
2.1. You agree to provide OFC with accurate, current and complete information, to the extent required by OFC for your registration as a subscriber of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete including keeping OFC updated with working email address. You agree in your enrollment and in your use of the Service not to impersonate any other person or entity, and you represent that you are either 18 years of age or older, and are competent and have the authority to enter into such an agreement on behalf of yourself, your client, or your business. company or organization.
2.2. You are responsible and liable for any activity by any person who uses your account with the Service. Other users of your account will be bound by this Agreement as if they were you. You are responsible for maintaining the confidentiality of your password, if any, and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately change your password and notify OFC by sending e-mail to abuse@SiteSolutions.Com.
2.3. You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Service.
2.4. You agree in using the Service to comply with OFC’s Guidelines for Acceptable Use.
2.5. You are solely responsible for implementing or causing the implementation of any recommended SEO changes to your website (or if you are a broker or website programmer, then to your clients website) be they recommended by OFC or any other party. However, you are not compelled to do so and the choice to implement any recommended changes is at your discretion. It should be noted that in either case, OFC is not responsible for any eventual outcome as to any results of any kind be they positive or negative, with regard to financial, search engine positioning or inclusion, backlinking acceptance or number thereof, the inclusion or lack thereof of the subject website in any search engines or directory, or any other form of measurement or performance.
2.6. If you are selling or reselling any OFC service or services, to any third party, be it a OFC or SiteSolutions.Com Branded Product, or one that is White Labeled and does not bear the name of OFC or SiteSolutions.Com, you hereby acknowledge that OFC has not, will not, and does not make any guarantee or representation to you, your prospect, or your client as to any outcome from the use of said service including but not limited to financial, positioning, backlinks or otherwise. You agree that you are solely and exclusively responsible and liable for any and all claims, assurance, or promises made by you, express or implied, to any prospect, client or customer of yours with regard to said service and that you have not and do not have the authority to act on behalf of, or to obligate OFC in any manner or form. You are fully and exclusively responsible for any present or future liability of any kind which may be claimed, charged, or levied against you by your customer or third party. You hereby acknowledge that OFC, its Employees, Officers, Directors, Shareholders, Affiliates, Agents, Representatives or Licensors, is and are expressly and completely released from any liability of any kind to you, your prospect, your client, or any third party for any claims, financial or otherwise, that arise from your discussion, offering, reselling, or ordering of any OFC service on your behalf or on the behalf of your prospect or client. You further acknowledge and agree that as a seller or reseller of any OFC Service that you are hereby bound by all of the Terms and Conditions contained herein. You further agree that any claims made against you by your prospect or customer that said claim does not constitute a breach by OFC and that you are exclusively and fully responsible for any claims be it financial or otherwise made against you by any third party. You further agree that if you have purchased a SiteSolutions.Com service directly from us, even if for resale, and if resold that you are our customer and as such agree to all of the Terms and Conditions contained herein including OFC’s NO REFUNDS POLICY regardless of any results obtained with regard to any outcome as it relates to the services provided by OFC be it for a website owned or operated by you or by your prospect or customer.
3. CONTENT
3.1. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible to you through your use of the Service. You acknowledge that, as a matter of policy, OFC does not pre-screen such materials, but that OFC has the right (but not the obligation) to remove from its computer servers materials (including, without limitation, materials created, posted, uploaded or transmitted by you) that OFC, in its sole discretion, determines to be in violation of the Guidelines. You further acknowledge, however, that OFC does not have the capability to monitor, review, restrict, edit or remove materials made available by third parties on the Internet, and you agree that you must evaluate, and bear all risks associated with, the use of any materials, including any reliance on the accuracy, completeness, or usefulness of such materials. The fact that OFC provides a link to a particular Web page is not an indication that we endorse that site’s policies or the content or products available from that particular site.
3.2. You acknowledge that materials available through the Service may be protected by copyright, trademarks, and other intellectual property rights. You agree that your use of such materials is governed by all applicable laws and regulations, and by any further restrictions placed on such materials by their owners or licensors.
3.3. You acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists), and that OFC is a distributor (and not a publisher) of information disseminated by persons using the Service. By posting, uploading or transmitting material to any such area, you are requesting OFC and/or its partners to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading or transmitting material to any public area, you (i) grant to OFC and/or its partners a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license (including the waiver of any moral rights) to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above.
4. SOFTWARE LICENSE
4.1. As between OFC and you, the OFC Services shall remain the sole and exclusive property of OFC and/or its suppliers, including, without limitation, Source Code, copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Nothing in this Agreement shall be construed to grant you any ownership right in, or license to OFC’s Internet sites and/or OFC Services, software or equipment. OFC, at its sole discretion and without any obligation to provide notice to you or any other party may, from time-to-time, change the software, vendors, and or methodology used to perform said services. OFC specifically withholds any right to view any method, procedure, list of sites used, locations, back link locations etc. Entering into this agreement does not provide you access to areas as mentioned herein which OFC considers to be confidential or trade secret to OFC. Any refusal by OFC to provide you access to any of the above items does not constitute a breach of this Agreement, Terms and Conditions.
4.2. You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Service or disabling features of the Software or Service. Except as may be permitted by OFC, you agree not to access the Service by any means other than through the interface that is provided by OFC or its partners for use in accessing the Service.
4.3. You acknowledge that OFC and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Software, except as expressly licensed in this Agreement. All rights in the content, information and materials accessed through use of the Software are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that OFC’s suppliers are direct and intended third party beneficiaries of this Agreement.
5. FEES
5.1 NO REFUNDS:
BE ADVISED: OFC, SiteSolutions.Com HAS A NO REFUNDS POLICY.
OFC, SITESOLUTIONS.COM HAS HAD AND CONTINUES TO HAVE A NO REFUNDS POLICY WITH REGARD TO ANY AND ALL TRANSACTIONS BE IT CREDIT CARD, CASH, CHECK, MONEY ORDER, OR WIRE TRANSFER.
ALL SERVICES PROVIDED BY OFC ARE PROVIDED UNDER THE CONDITION AND UNDERSTANDING THAT OFC HAS A NO REFUNDS POLICY. THEREFORE, ANY AND ALL REQUESTS FOR REFUNDS BE IT FOR PARTIAL OR FULL REFUND WILL NOT BE HONORED. BY YOUR ACTION TO PLACE AN ORDER FOR ANY OFC SERVICE OR SERVICES, REGARDLESS OF THE FORM, MANNER OR PROCESS USED BY YOU TO PLACE SAID ORDER, SHOWS YOUR FULL ACKNOWLEDGEMENT AND COMPLETE AGREEMENT TO BE BOUND BY OFC’S NO REFUNDS POLICY.
OFC NO REFUNDS POLICY INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING: SERVICES RENDERED, OR YET TO BE RENDERED, FOR ANY AND ALL PROGRAMMING, SEO SERVICES, MODIFICATIONS, REPORTING, WEBSITE HOSTING, PPC (PAY PER CLICK) COSTS, SETUP FEES OF ANY KIND, MANAGEMENT FEES OF ANY KIND, CONSULTING FEES, ANY AND ALL SERVICES RELATING TO MEDIA PRODUCTION KNOWN AS WEBCASTS OR THE PROGRAMMING OR IMPLEMENTATION OF SAID WEBCAST, TRAVEL, OR ANY OTHER COSTS OR FEES RELATED THERETO WHICH YOU HAVE CONTRACTED WITH OFC, PURCHASED FROM OFC, OR ORDERED FROM OFC INCLUDING ANY PREPAYMENT FEES OR COSTS PAID FOR SERVICES BEYOND THE INITIAL TERMS WORTH OF SERVICE ORIGINALLY PURCHASED. THIS INCLUDES ANY AND ALL SERVICES OR PRODUCTS PROVIDED TO OFC BY THIRD PARTY SUPPLIERS OR VENDORS.
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WHEN YOU PLACE OR PLACED AN ORDER WITH OFC FOR ANY SERVICES FROM OFC, THAT OFC’S STAFF AND VENDORS IMMEDIATELY BEGIN INCURRING COSTS BY RESEARCHING THE CLIENT’S WEBSITE, PROGRAMMING CODE, COMPETITORS WEBSITES, SEARCH ENGINES, SEARCH ENGINE DATABASES, ETC. IN AN EFFORT TO BE ABLE TO BETTER PROVIDE YOU WITH THE SERVICES YOU HAVE ORDERED, SUCH AS BUT NOT LIMITED TO, SEO (SEARCH ENGINE OPTIMIZATION), PPC PAY-PER-CLICK SERVICES, PROGRAMMING, WEBCAST PRODUCTION, SCRIPT WRITING, SITE ANALYSIS, ADVANCED ANALYSIS SERVICES, AND MORE. THE WORK AND RESEARCH MENTIONED WITHIN THIS PARAGRAPH IS CONSIDERED BY OFC AND ACKNOWLEDGED AND AGREED BY YOU THAT THEY ARE AN INTEGRAL PART OF THE SERVICES BEING OFFERED BY OFC AND ARE BEING PERFORMED FOR YOU CONDITIONED UPON YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE FACT THAT OFC HAD, AND HAS, A NO REFUNDS POLICY AND THAT YOU AGREE TO ABIDE BY THAT POLICY. BY YOUR PLACING ANY ORDER, REGARDLESS OF THE METHOD USED BY YOU TO PLACE SAID ORDER WITH OFC, YOU ARE ACKNOWLEDGING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND SPECIFICALLY OFC’S NO REFUNDS POLICY.
BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS MENTIONED ABOVE AND CONTAINED WITHIN OFC’S TERMS AND CONDITIONS, YOU ARE HEREBY MAKING THE FOLLOWING STATEMENT AND ARE HEREBY GIVING US UNRESTRICTED PERMISSION TO USE IT IN ANY COMMUNICATIONS WHICH WE MAY HAVE WITH YOUR BANK OR OTHER FINANCIAL INSTITUTION, OR COURT OF LAW, TO PROTECT OUR INTERESTS WITH REGARD TO CHARGEBACKS OR REFUNDS WITH REGARD TO SERVICES THAT SITESOLUTIONS.COM, OFC, OR ONLINE FULFILLMENT CORPORATION HAS PROVIDED, PROVIDES, OR WILL PROVIDED YOU:
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TO MY BANK, CREDIT CARD COMPANY OR OTHER FINANCIAL INSTITUTION:
SIRS: I REPRESENT THAT AT THE TIME OF MY PURCHASE OF SERVICES FROM OFC, SITESOLUTIONS.COM, THAT I WAS AUTHORIZED TO USE AND AM THE HOLDER OF THE CREDIT CARD OR THE BANK ACCOUNT USED TO PURCHASE SERVICES FROM OFC. THAT I AM HEREBY HIRING OR HAVE HIRED OFC TO RENDER A SPECIFIC SERVICE(S) FOR ME INVOLVING BUT NOT LIMITED TO MY WEBSITE, SEARCH ENGINES, SEO SERVICES, AND MEDIA PRODUCTION. I HEREBY ACKNOWLEDGE THAT AS A RESULT OF MY HIRING OFC FOR THIS SERVICE(S) THAT OFC IS IMMEDIATELY INCURRING COSTS AND EXPENSES RELATING TO THE PROCESSES, PROGRAMMING, PRODUCTION, AND PROCEDURES REQUIRED TO PERFORM THE REQUESTS MADE BY ME AS CONTAINED HEREIN. I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT OFC HAS ENTERED INTO THIS AGREEMENT 100% CONDITIONED AND CONTINGENT UPON MY ACKNOWLEDGEMENT AND AGREEMENT AS SHOWN BY MY ACCEPTANCE OF THESE TERMS AND CONDITIONS AND BY MY PLACEMENT OF AN ORDER FOR SERVICES WITH OFC THAT OFC HAS A “NO REFUNDS POLICY” AND THAT I HEREBY AGREE THAT I SHALL IN NO WAY INSTRUCT YOU, MY BANK, CREDIT CARD COMPANY, FINANCIAL INSTITUTION, OR COURT OF LAW TO INTERFERE WITH PAYMENT IN ANY FORM INCLUDING ISSUING INSTRUCTIONS TO REVERSE SAID PAYMENT IN ANY MANNER INCLUDING BUT NOT LIMITED TO CHARGE BACKS TO SITESOLUTIONS.COM, OFC, OR ONLINE FULFILLMENT CORPORATION FOR THE SERVICES MENTIONED HEREIN, THE RENEWAL THEREOF, AND OR FOR ANY OTHER FUTURE BUSINESS ACTIVITIES WITH OFC. IF I MAKE ANY ATTEMPT TO CAUSE A REVERSAL OR CHARGE BACK OF THE SUMS MENTIONED HEREIN OR FOR ANY FUNDS RELATING TO ANY FUTURE TRANSACTIONS INVOLVING OFC INCLUDING BUT NOT LIMITED TO CREDIT CARD PURCHASES, PAYMENT BY CHECK, AND WIRE TRANSFERS, THEN OFC HEREBY HAS MY PERMISSION TO PRESENT THIS AGREEMENT AND SPECIFICALLY THIS CLAUSE TO MY BANK, FINANCIAL INSTITUTION, OR COURT OF LAW, AS PROOF OF MY AGREEMENT TO THE ESTABLISHED NO REFUNDS POLICY OF OFC TO WHICH I HAVE AGREED TO HEREBY AND THAT BY THE PRESENTMENT OF THIS AGREEMENT TO MY BANK, FINANCIAL INSTITUTION, OR COURT OF LAW, THAT I AM HEREBY INSTRUCTING THEM TO MAKE NULL AND VOID ANY PAST, PRESENT, OR FUTURE REQUESTS BY ME FOR REFUNDS OR CHARGE BACKS OF ANY KIND RELATED HERETO OR TO FUTURE TRANSACTIONS WITH OFC AND THAT ANY ATTEMPTS TO CAUSE A REVERSAL OR CHARGE BACK SHALL IMMEDIATELY CEASE AND, IF ALREADY MADE, SHALL BE REVERSED WITHOUT FURTHER INSTRUCTIONS ON MY PART AND I HEREBY RELIEVE THE BANK OR FINANCIAL INSTITUTION OF ANY FUTURE OBLIGATION WITH THIS REGARD.
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5.2. AUTOMATIC RENEWALS:
You are hereby advised, you hereby acknowledge, and you hereby agree, accept, and are hereby bound by OFC’s Automatic Renewal Policy which states and includes, but is not limited to, the following Items 5.2.1 through 5.2.8 inclusive as shown below:
5.2.1 Renewal Term:
Annual Renewals:
For any OFC Service provided you that has a term of one year, the first one year term shall be known as the “Initial Term.” At the end of the Initial Term, said Service shall automatically renew without notice. Once renewed, each year term subsequent to the initial term shall be known as a “Renewal Term.” Each Renewal Term shall also automatically renew at the expiration of its term without any notice required.
Monthly Renewals:
For any OFC Service provided you that has a term equal to one month, the month’s term, once started shall be known as the “Initial Term.” At the end of the Initial Term, said Service shall automatically renew without notice. Once renewed, each month term subsequent to the initial term shall be known as a “Renewal Term.” Each Renewal Term shall also automatically renew at the expiration of its term without any notice required.
5.2.2 Your Authorization To OFC To Automatically Renew OFC Service:
You are herein and hereby instructing, fully authorizing, and giving OFC your unrestricted and unconditional permission to charge your credit card, or other form of payment method on file with OFC, at some future date, and in a dollar amount then required, to automatically renew any OFC Service being provided you, the credit card holder, be it for the renewal of an Initial Term or the renewal of a Renewal Term of Service provided you by OFC.
5.2.3 Your Authorization As To When OFC May Charge Your Credit Card Or Other Form Of Payment:
You, the credit card holder, are hereby acknowledging, instructing, fully authorizing, and giving unrestricted and unconditional permission to OFC, to charge your credit card, or other form of payment method on file with OFC, to perform an automatic renewal of any OFC Service being provided you, and to charge your credit card or other form of payment for said automatic renewal at anytime up to and including a 30 day period prior to the actual expiration of any term of Service be it the Initial Term or a Renewal Term, or at a later date beyond the actual expiration date of any term, without any further authorization required by you. The actual date OFC elects to renew said Service is to be determined exclusively by OFC as long as the renewal thereof does not occur prior to 30 days before the actual expiration of said Service term be it for the renewal of an Initial Term or the renewal of a Renewal Term.
You hereby acknowledge and agree that OFC may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bankÕs participation). If the Services provided you by OFC are set to automatically renew 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. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, OFC will automatically update your payment profile on your behalf. OFC makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to ensure that your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and OFC shall not be liable to you or any third party regarding the same.
5.2.4 IMPORTANT INSTRUCTIONS ON HOW TO PREVENT AN AUTOMATIC RENEWAL:
If it is your desire to prevent an Automatic Renewal of any OFC Service, be it a renewal for an Initial Term or a Renewal Term, you must provide OFC written instructions not to perform said Automatic Renewal. Said written instruction must be delivered utilizing one of the following methods; via email to service@sitesolutions.com, or via the Unites States Postal Service mailed to: Online Fulfillment Corporation, 5098 Foothills Blvd. #3136, Roseville, CA 95747, or via facsimile to OFC at 916-771-7934. Any other form of communication used to convey your instructions not to Automatically Renew, including instructions from you telephonically, are not an acceptable form of instruction to prevent an Automatic Renewal of any OFC Service being provided you. (See important deliver information below)
IN ORDER TO HAVE A VALID INSTRUCTION FROM YOU TO NOT AUTOMATICALLY RENEW, ALL THREE CONDITIONS BELOW MUST BE MET;
1) You must have delivered, or cause to have been delivered, your written instructions to OFC not to Automatically Renew, prior to 30 calendar days preceding the expiration date of any OFC Service being provided you AND;
2) OFC must have RECEIVED said written instructions, not to Automatically Renew, PRIOR TO 30 CALENDAR DAYS PROCEEDING THE EXPIRATION DATE of any OFC Service being provided you, AND;
3) The contents of said written instruction must contain your specific request to OFC, not to automatically renew any Initial Term or Renewal Term of any OFC Service being provided you.
5.2.5 Your Authorization And Instruction To Your Bank, Credit Card Company, Or Financial Institution To Allow OFC to Automatically Renew:
You are hereby authorizing OFC to provide any portion of this Agreement including the contents of 5.2.1 through 5.2.8 inclusive, to your bank, credit card company, or other form of financial institution or company, as confirmation of your unconditional authorization to OFC to Automatically Renew any OFC Service being provided you. OFC may include the following statement which you are directing to the attention of, and is your instruction to, your credit card company, bank, or financial institution, and shall provide proof of your intent, unconditional authorization and permission to OFC to charge your credit card as follows:
The following paragraph contains instructions and authorizations and is written in the First Person as if written directly by the Credit Card Holder and is legally binding upon the Credit Card Holder as if personally hand written and signed by the Credit Card Holder and personally delivered by the Credit Card Holder to OFC and or to The Credit Card Holder’s bank, credit card company, or financial institution:
“To OFC and to my bank, credit card company, or financial institution: I, the credit card holder mentioned within this Agreement as the “Credit Card Holder” am herein and hereby instructing, fully authorizing, and giving my unrestricted and unconditional permission to OFC to charge my credit card, or other form of payment method on file with OFC, at some future date, and in a dollar amount then required, to automatically renew any OFC Service being provided me, the credit card holder, to pay for a renewal of an Initial Term or a renewal of a Renewal Term of Service provided me by OFC and that I, as the credit card holder, do hereby give you, my bank, credit card company or financial institution, my unrestricted authorization, permission, and instruction to process, to honor, and to pay OFC, such future charge to my credit card as requested or processed by OFC or OFC’s credit card processor. In following these instructions and authorization made by me, you, my bank, credit card company, or financial institution, are hereby relieved from any and all future liability involving any payment made to or requested by OFC to renew said Services. It is agreed that I shall not instruct you, as my bank, credit card company, or financial institution, to cause, create, or to perform any credit or chargeback or to interfere with any charges made on my credit card by OFC to renew said services being provided me. I hereby acknowledge that OFC has a No Refunds policy and I shall unconditionally abide by its terms.”
5.2.6 You Agree Hereby Not To Interfere With Any Payment For Any Automatic Renewal:
Unless you have given written notice to OFC, as mentioned above in item 5.2.4, not to Automatically Renew any OFC Service being provided you prior to 30 calendar days preceding the expiration date of any OFC Service being provided you and, OFC has received said written notice prior to 30 calendar days preceding the expiration date of any OFC Service being provided you, in which the contents of said written notice contains your instructions to OFC not to automatically renew any OFC Service, then you, the credit card holder, having herein acknowledged, instructed, fully authorized, and giving your unrestricted and unconditional permission to OFC to charge your credit card or other form of payment method on file with OFC, to perform any automatic renewal of any OFC Service being provided you, hereby agree without any limitation or restriction that you will not and shall not under any circumstances interfere with any charge, future charge, payment or future payment which has or will be charged by OFC, including, but not limited to, the initiation of any form of chargeback or credit, for any automatic renewals of any OFC Service being provided you. Further, you hereby reaffirm and again acknowledge and agree to be bound by any and all terms and conditions stated within this agreement regarding the terms and conditions of any payment for any OFC Service and hereby reaffirm that you acknowledge and agree to be bound by OFC’s No Refunds Policy as mentioned within this agreement and in items 5. and 5.1 above which states in part that OFC has a No Refunds policy and therefore will not, and does not, make any refunds of any kind for and including any initial sale of an OFC Service or the Automatic Renewals of either the Initial Term or Renewal Term of said OFC Service, and that you will not initiate such action to cause a cancellation of or a chargeback of any charges placed on your credit card by OFC for processing the renewing of said services.
5.2.7 No Notice Required:
You hereby acknowledge and agree that OFC is not required, and is under no obligation, to provide you any form of notice of any kind that OFC shall be, or is about to be, or is in the process of Automatically Renewing the OFC Services provided you, and that your credit card or other form of payment on file with OFC is about to be charged, or is being charged, a sum of money in an amount required to perform said Automatic Renewal. OFC’s sole responsibility to you with regard to said Automatic Renewal is, once renewed, to provide you the OFC Services which have been renewed and to send you a receipt, via email, showing that OFC is in receipt of funds in the appropriate amount required to perform the Automatic Renewal of said Services.
5.2.8 If you have ordered and prepaid for services covering a time frame which exceeds a one year period, then your full term of service is thereby set to be the total time for which you have prepaid; e.g. purchasing two one-year-terms of a specific service purchased at or about the same time creates one transaction covering a two year term, known as the Initial Term; purchasing three one-year-terms of a specific service purchased at or about the same time creates one transaction covering a three year term known as the Initial Term etc. The combined initial term, once renewed shall be known as a “Renewal Term.” All terms be it one year or longer are governed by all Terms and Conditions contained herein including OFC’s No Refund Policy.
5.3. As a subscriber of the Service you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card or other payment method to pay for any billable portions of the Service, you expressly authorize OFC or its agents to charge all fees and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid unless revoked by you pursuant to Section 5.1. If you use a credit card and OFC does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by OFC. Any and All Fees are non-refundable.
5.4. You may change your designated payment method by contacting OFC via email at service@sitesolutions.com or by calling the OFC customer service number (which is 1-877-855-2003 as of the date of this Agreement). OFC reserves the right to accept other forms of payment or to modify the forms of payment it will accept. If OFC elects to authorize alternative or additional methods of payment, your designation of such a method of payment will be deemed to be an authorization to OFC to bill you, in a manner appropriate to your designated payment method, for all fees and other charges incurred in connection with your service.
5.5. If OFC initiates collection proceedings to collect any funds due it, you will be liable for any and all attorney and collection fees arising out of OFC’s efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, you must notify OFC within 90 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release OFC from any liability for any error or discrepancy that is reported to OFC after such period.
5.6. As mentioned in items 5.2 through 5.2.8 inclusive, you agree that OFC will automatically renew your subscription to OFC’s Products or Services or any portion thereof and automatically charge you the then-current renewal fees for such renewed subscription using the credit card associated with your subscription, unless terminated by OFC or until you notify OFC of your decision to terminate your subscription to a portion of the Service following the required procedure mentioned above in item 5.2.4. OFC reserves the right at any time to change its fees and charges for use of portions of the Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. Although OFC expects to provide e-mail or other notice to you prior to increasing the price you pay for the Service, OFC shall not be required to do so before making any of the changes described. You may obtain current pricing information for different service levels, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) by calling the OFC customer service number (which is 1-877-855-2003 or direct at 916-771-4756 as of the date of this Agreement), (ii) through OFC’s Web site, or (iii) by sending e-mail to service@SiteSolutions.Com. OFC may modify the means of accessing rates and billing information in its sole discretion.
5.7. In addition to fees for your subscription to any billable portion of the Service, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Service or goods or services that you purchase through the Service.
5.8. OFC is not responsible, financially or otherwise, for any and all costs or expenses incurred by you, that your or any bank, financial institution, or credit provider may charge or attempt to charge you or expenses incurred by you or your company resulting from (e.g., for overdrawn accounts, exceeding credit card limits, increase in interest rates, etc.) resulting from charges billed by OFC during the initial purchase of or for any renewals thereof of any Service provided by OFC.
5.9. You agree to pay any fees due for Services purchased from OFC at the time you order the Services. All fees are non-refundable as stated above in OFC’s NO REFUNDS POLICY even if your Services are suspended, terminated, or transferred prior to the end of the Services term. OFC expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our sending an email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made.
Payment may be made by you by providing a valid credit card, wire transfer, a personal or business check, (each, a “Payment Method”). Your Payment Method on file must be kept valid if you have any active services being provided by OFC.
If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services unless that date falls on February 29th, in which case your billing date will be the 28th of February. OFC will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with OFC at OFC’s then current rates unless you have a pre-arranged written agreement with OFC to lock in your price for a particular product for a set number of months.
If you signed up for an annual (or longer) payment plan, OFC will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with OFC at OFC’s then current rates unless you have a pre-arranged written agreement with OFC to lock in your price for a particular product for a set number of years.
If for any reason OFC is unable to charge your Payment Method for the full amount owed OFC for the Services provided, or if OFC is charged a penalty for any fee it previously charged to your Payment Method, you agree that OFC may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason OFC is unable to charge your credit card with the full amount of the Services provided, or if OFC is charged back for any fee it previously charged to the credit card you provided, you agree that OFC may pursue all available remedies in order to obtain payment. You agree that the remedies OFC may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any Services registered or renewed on your behalf or, in the case of a broker or reseller, on behalf of their client. OFC reserves the right to charge you a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change your Payment Method at any time by contacting OFC either by email or by telephone. For OFC orders where payment has not been received or OFC has received a chargeback for any portion of the transaction, you understand that in addition to any administrative fees OFC may charge for the handling of the chargeback, the seller may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise. OFC is not responsible for the actions of the sellers.
For services that are to be automatically renewed be it on a monthly, annual or longer term, that OFC shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Services. For services where you have elected to not have the service automatically renewed be it monthly, annually, or longer term, that you acknowledge and agree that you are solely liable for arranging that your Services are renewed, and that OFC shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Services or that services were not renewed for any reason. Any notice by you requesting that your account not be automatically renewed must comply with all terms and conditions contained herein and in item 5.2.4 above.
Unless otherwise agreed to in writing by OFC, all transactions are processed in U.S. Dollars. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.
6. NO WARRANTIES
6.1. You agree that use of the Service is at your sole risk. You acknowledge that the Service may provide access to the Internet, but that the Internet is not owned, operated or managed by OFC.
6.2. With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, OFC (i) has no responsibility or obligation with respect to (and does not endorse) any information, good or service, (ii) makes no warranties whatsoever (express or implied) with regard to any information, good or service (including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, satisfactory quality, safety or fitness for a particular purpose), (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. OFC does not assume liability to subscribers or others for any failure to enforce the Guidelines.
6.3. YOU ACKNOWLEDGE AND AGREE THAT OFC UTILIZES VARIOUS THIRD PARTY RESOURCES AND OR ENTITIES INCLUDING BUT NOT LIMITED TO SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., FOR ITS SERVICES IT PROVIDES AND THAT SAID SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., ARE NOT OWNED OR OPERATED BY OFC. THEREFORE, OFC CANNOT AND DOES NOT CONTROL OR GUARANTEE THAT ANY PARTICULAR SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., WILL ACCEPT YOUR WEB SITE, BLOG ENTRY, PRESS RELEASE, ARTICLE, WEBCAST, VIDEO ETC., FOR INCLUSION INTO THEIR DATABASE NOR WILL OFC BE LIABLE FOR THE RESULTING POSITION OBTAINED, IF ANY, IN ANY SUCH SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATION ETC. OFC’S SOLE RESPONSIBILITY IS TO SUBMIT YOUR WEB SITE INFORMATION TO SAID SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., IN A METHOD IT DEEMS APPROPRIATE. THAT IS OFC’S SINGLE AND SOLE RESPONSIBILITY. OFC DOES NOT WARRANT OR IMPLY THAT YOU WILL OBTAIN ANY PARTICULAR LEVEL OF NUMBER OF BACKLINKS, RESULTS, POSITION (EXCEPT AS MENTIONED IN ITEM 6.3.1 REGARDING SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES), OR PROFITABILITY WITH REGARD TO YOUR WEB SITE. THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OFC DOES NOT WARRANT THAT OFC SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR OFC SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY OFC, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. THE SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., INVOLVED WITH THE OFC SERVICES WILL CHANGE FROM TIME TO TIME AND DOES NOT REQUIRE OFC TO NOTIFY YOU OF ANY CHANGES IN THE SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., INVOLVED. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE PURCHASED A OFC SERVICE FROM OR THROUGH A THIRD PARTY ENTITY, BE IT FROM A PRIVATE INDIVIDUAL, COMPANY, OR BUSINESS ORGANIZATION, REGARDLESS IF SAID SERVICE WAS, IS, OR HAS BEEN BRANDED OR REPRESENTED AS A OFC SERVICE OR HAS BEEN REPRESENTED OR SOLD TO YOU WITHOUT YOUR KNOWLEDGE THAT SAID SERVICE IS IN FACT A OFC SERVICE, THAT SAID THIRD PARTY BROKER, PERSON, COMPANY, OR BUSINESS ORGANIZATION IS SOLELY AND EXCLUSIVELY RESPONSIBLE, BOTH FINANCIALLY AND OTHERWISE FOR ANY CLAIMS, PROMISES, ASSERTIONS, AGREEMENTS, GUARANTEES IT MAY HAVE MADE TO YOU PRIOR TO, DURING, OR AFTER THE PURCHASE OF SAID SERVICE AND THAT OFC WAS AND IS HEREBY AND HEREIN SPECIFICALLY WITHHELD FROM ANY LIABILITY TO YOU OR ANY OTHER PARTY IN ANY MANNER OR FORM TO YOU, YOUR COMPANY, OR BUSINESS ORGANIZATION AS TO ANY PAST, PRESENT, OR FUTURE OUTCOME BE IT FINANCIAL OR OTHERWISE, AND THAT OFC HAS NOT MADE ANY REPRESENTATION, PROMISE, CLAIM, GUARANTEE, ASSURANCE, EXPRESS OR IMPLIED TO YOU OR ANY OTHER PARTY, THAT YOU WILL OBTAIN ANY SPECIFIC OR HOPED FOR RESULT OF ANY KIND BY USING ANY OFC SERVICE. YOU AGREE THAT IF YOU WISH TO MAKE ANY SORT OF CLAIM BE IT LEGAL, FINANCIAL, OR OTHERWISE FOR ANY REASON WHAT-SO-EVER, THAT SAID CLAIM BE MADE EXCLUSIVELY AGAINST SAID THIRD PARTY AND THAT OFC HAS, IS AND SHALL FOREVER BE RELEASED BY YOU FROM ANY LIABILITY OF ANY KIND IN CONNECTION WITH SAID TRANSACTION, REPRESENTATION, PROMISE, ASSURANCE, GUARANTEE OR OTHER CLAIM MADE, EXPRESS OR IMPLIED BY SAID THIRD PARTY.
6.3.1 Items 6.3.1 and 11. through 11.23 and the contents contained therein have been added to this Agreement, and Terms and Conditions on 5/1/2011 and relates specifically and exclusively to SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES:
Be advised that in addition to OFC’s regular products and services that are offered for sale by OFC within the website known as http://www.sitesolutions.com and via other sources, that on 5/1/2011, OFC began offering a new premium line of products and services known as SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES, or SITESOLUTIONS.COM DIAMOND PLUS PRODUCT AND SERVICE, and or DIAMOND PLUS PRODUCTS AND SERVICES, or DIAMOND PLUS PRODUCT AND SERVICE, which are optional, premium products and services, which in addition to the term and conditions contained herein, also includes a very specific guarantee as to the eventual positioning obtained within the organic search results of Google’s search engine. SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES are sold at a higher cost than OFC’s regular products and services. Refer to items 11. through 11.23 inclusive herein for greater detail of the terms and conditions relating to the SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES product line.
You are hereby advised, acknowledge and agree that in order to create and to have a binding and enforceable agreement between the parties relating to any SITESOLUTIONS.COM DIAMOND PLUS PRODUCT AND SERVICE, requires the creation of a separate written contract and agreement, known as the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT, which relates specifically to SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES and that to be a enforceable agreement, it must be signed by a duly authorized person or officer of each party thereto.
You hereby, acknowledge and agree that once both parties sign the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT, that the entire SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT shall immediately, at that point in time, become an integral and indivisible part of this Agreement and Terms and Conditions, and that all of the contents, covenants, terms, conditions, guarantee, authorities, and signatures contained within the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT shall immediately be combined and included within this Agreement and Terms and Conditions as if fully set forth herein, including your signature showing your acknowledgment and authorization as to the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT and all of the terms and conditions contained herein, and that you agree to be bound by both agreements as separate agreements and as one combined agreement.
Terms, conditions, and guarantee relating to SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES are covered herein in items 11. through 11.23 inclusive and in the separate contractual agreement known as the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT.
You are hereby advised, acknowledge and agree that the terms, conditions, and guarantee mentioned herein in items 6.3.1 and items 11. through 11.23 inclusive, and within the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT do not, will not, and shall not relate to other products and or services offered or sold by OFC that are not specifically labeled as a SITESOLUTIONS.COM DIAMOND PLUS PRODUCT AND SERVICE item. IF YOU PURCHASED YOUR SERVICE PRIOR TO 5/1/2011, YOU CAN BE ASSURED THAT IT IS “NOT” PART OF THE DIAMOND PLUS PRODUCTS AND SERVICES PRODUCT LINE AND THEREFORE DOES NOT HAVE OR CARRY ANY TYPE OR FORM OF POSITION GUARANTEE WITHIN GOOGLE OR ANY OTHER ENGINE OR DIRECTORY AS MENTIONED WITHIN ITEM 6.3 ABOVE. ADDITIONALLY, IF YOU PURCHASED A PRODUCT OR SERVICE FROM OFC ON OR AFTER 5/1/2011 THAT WAS NOT SPECIFICALLY LABLED AS A SITESOLUTIONS.COM DIAMOND PLUS PRODUCT AND SERVICE, AND YOU DID NOT RECEIVE, REVIEW, AND SIGN A CONTRACT AND AGREEMENT LABLED “SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT,” THEN YOU DID NOT PURCHASE A PRODUCT OR SERVICE FROM THIS OPTIONAL PROUCT LINE, THEREFORE THE ABOVE STATEMENT, TERMS AND CONDITIONS MENTIONED IN ITEM 6.3 ABOVE REMAIN IN FULL FORCE AND EFFECT AS RELATING TO ANY OTHER PRODUCT OR SERVICE YOU MAY HAVE PURCHASED FROM OFC.
6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL OFC OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. OFC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE THAT OFC DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR YEAR, IF ANY (EXCLUDING ALL FEES FOR SERVICES WHICH ARE NOT SUBJECT TO REFUNDS AS MENTIONED IN PARAGRAPH 5.1 ABOVE). THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, OFC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. INDEMNIFICATION
You agree to protect, defend, indemnify and hold harmless OFC and its officers, directors, shareholders, affiliates, suppliers, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by OFC directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
OFC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OFC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND OFC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OFC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
8. TERMINATION
8.1. AUTOMATIC ANNUAL RENEWAL – Our search engine submission services are sold on an “Annual Basis” and are automatically renewed up to 30 days prior to the expiration at the price then being offered unless you notify us in writing 30 days prior to the end of the 12 month term that you do not wish to renew. By providing your credit card and placing your order with us, you are hereby agreeing to and are thereby bound by these terms and conditions and those mentioned above in paragraph 5.1 with regard to NO REFUNDS.
8.2. CANCELLATION – You may cancel your service at any time however, you will not be entitled to nor will you receive any form of refund, prorated or otherwise.
You may cancel the automatic renewal of the service at any time by calling OFC’s cancellation service number (which is 1-877-855-2003 or direct 916-771-4756 as of the date of this Agreement) or by using such other means as OFC may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of OFC in operating the Service, any content available through the OFC Service, or any change to any of the foregoing, your sole recourse is to cancel your service. As mentioned within this paragraph, canceling your account does not provide you with a refund as set forth in paragraph 5.1 above.
9. FORCE MAJEURE
Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
10. MISCELLANEOUS
10.1. The failure of either you or OFC to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and OFC nor trade practice will act to modify any provision of the Agreement.
10.2. The titles and headings of this Agreement and Terms and Conditions are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement and Terms and Conditions shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
10.3. This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Placer County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Placer County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
Any cause of action brought by or on behalf of you with respect to this Agreement, the Service or Software must be commenced within one year after the claim or cause of action arose otherwise such cause of action shall be permanently barred.
10.4. Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
10.5. For the purposes of this Agreement, references to “including” shall mean “including, without limitation,” unless such language is already set forth.
10.6. Testimonials: By using any service of OFC, you, as an individual and or business, corporation, or organization hereby give and grant to OFC, worldwide unrestricted permission and authorization to use any and or all of the following, even if protected by copyright or trademark, in any form of display, advertising, or conveyance, regardless of type or method used, be it electronic, print or otherwise; Your Company Name, Any DBA of your Company Name, Your Personal Name, any Logo of any type or kind which represents you, your company, products, or if you are representing a third party then their logo, Any Product Name or Product Names with which OFC is involved with pertaining to any efforts or services provided by OFC as mentioned herein, Results Of Our Efforts, the Website Address for which OFC services were or are being performed or the root thereof if it is a sub-domain, or any testimonials provide by you to OFC including writings given us in any form including emails or telephonically. This unrestricted permission and authorization is given for worldwide use. OFC is hereby granted unrestricted permission to use portions of any testimonial. There will be no compensation of any kind or form to you, your company, or business organization, or any other interested party for the use of the items mentioned herein now or at any time in the future. This authorization and unrestricted permission shall remain in effect in perpetuity even if the services provided by OFC have ended.
10.7. Signed Agreements: If you have been or will be sent documentation or agreement requesting you to review and sign said documentation or agreement describing certain OFC services which you have ordered using one of the ordering processes as described in paragraph 1.1 above, and you have not returned said documentation or agreement containing your signature, regardless of the reason, that you hereby acknowledge and agree that even though you have not signed said documentation or agreement or that we have not received said signed documentation or agreement, that you still fully acknowledged and agree to be bound by all of the Terms and Conditions as stated and contained herein and that by not signing said documentation or agreement that you are not, and shall not, be released from any and all obligations as set forth in the Terms and Conditions stated herein and you further agree that by your refusal to sign said agreement that your refusal does not, under any circumstances in any way or manner alter, modify, negate, or make null and void any and or all Terms and Conditions contained herein and that you continue to acknowledge them and agree to be bound by them as if signed including OFC’s No Refunds Policy as stated herein and that you are, and remain, fully responsible for any services ordered from OFC regardless of the method used to place your order.
11. SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES: NOTE: Items 11. through 11.23 inclusive of this Agreement and Terms and Conditions pertain exclusively to the products and services offered by OFC known as, SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES, which contain a Guarantee that relates to your website’s inclusion in Google’s Page One Organic Search Results for a keyword or key phrase associated with one or more of the following; your product(s), your service(s), your website, or your industry.
11.1 DIAMOND PLUS PRODUCTS AND SERVICES DESCRIBED: In addition to OFC’s regular product line, OFC offers certain other products and services that are included in, categorized as, and labeled as SITESOLUTIONS.COM’S “Diamond Plus Products or Services” which include additional agreements, terms, and conditions on the part of both OFC and the purchaser of said Diamond Plus Products And Services as mentioned in item 11. through 11.23 inclusive. Any product or service offered by OFC that is not specifically labeled as a Diamond Plus Product or Service, does not, and shall not, receive the additional benefits that are included as an integral part of the Diamond Plus Products And Services product line.
OFC may, in its efforts to obtain page one positioning as mentioned herein in items 11. through 11.23, and in its sole discretion, utilize any other OFC or third party products or services, herein known as “Additional Services” that it deems necessary or appropriate. Said “Additional Services” may include Non Diamond Plus Products And Services and are to be used by OFC at a level of frequency, use, and scope of distribution as determined exclusively by OFC. OFC’s use of any non Diamond Plus Products or Services to fulfill its obligations as stated herein and specifically within items 11. through 11.23, does not, will not, and shall not cause the Additional Services to become an integral part of the Diamond Plus Product or Service offered by OFC or purchased by you and by OFC’s determination to utilize such product or service, shall not cause any Diamond Plus Product or Service features, benefits or obligations to transfer to or inure to any of the Additional Services utilized by OFC including any type or form of performance guarantees or obligations.
11.2 PAGE ONE GUARANTEE: All DIAMOND PLUS PRODUCTS AND SERVICES carry a Google Page One Guarantee relating to the organic listings within Google. The terms and conditions relating thereto are mentioned herein in items 11. through 11.23 inclusive.
11.3 PAGE ONE DESCRIBED: Google Page One is described as the very first page being displayed that has been created by Google and displayed in a browser immediately following a search query request having been made to Google utilizing a keyword or key phrase, the results thereof being displayed to the person making said search query and is required to meet all criteria as listed in item 11.9.1 below.
11.4 WEBSITE, WEBPAGE OR URL LISTING DESCRIBED: Any webpage, web document, listing, social media link or document that is displayed in Google’s Organic Section on Google’s Page One search results as described above in “Page One Described.”
11.5 TERM: OFC Diamond Plus Products And Services are sold by the year, twelve continuous months, which is known as the Initial Term during its first year of purchase, and once renewed, shall be known as a Renewal Term.
11.6 PAGE ONE OBTAINED DURING INITIAL OR RENEWAL TERM: If OFC obtains page one positioning for your website as mentioned herein in items 11. and 11.23 inclusive within the time frame of the Initial Term or Renewal Term, then OFC shall continue to provide the SiteSolutions.Com Diamond Plus Product And Service for the remainder of the term then being provided, but having met the requirement of obtaining page one positioning for your website, it is agreed by both you and OFC that OFC is immediately released from any present or future guarantee liability as to page one results for your website for the remainder of the term therein. Upon any renewal of the Diamond Plus Products And Services, known as a Renewal Term, all terms and conditions relating to OFC’s Diamond Plus Products And Services including the Google Page One Guarantee shall take effect and obligate OFC to perform as agreed for said Renewal Term as contained within items 11. through 11.23 inclusive herein and in the Diamond Plus Products And Services Agreement signed by both parties.
11.7 CONTINUATION OF OFC DIAMOND PLUS PRODUCTS AND SERVICES AT NO COST: If OFC, during the Initial Term, or a Renewal Term, does not fulfill the requirement for page one placement of your website within Google’s organic search results, then OFC’s single and sole responsibility is to continue to perform said service(s) until such time as a webpage, document, or listing of your website appears in Google’s page one organic search results for a keyword or key phrase relating to your products, your services, your industry or your website. The period of time in which OFC provides the services at no charge shall be known as the Extended Term. Said keyword or keyphrase is not to be an exact match to any keyword or key phrase contained in your Excluded Keyword List as mentioned within these terms and conditions in item 11.17 and in the Diamond Plus Products And Services Agreement signed by both parties. SAID ONGOING SERVICES ARE TO BE PROVIDED YOU BY OFC AT NO CHARGE TO YOU UNTIL SUCH TIME AS OFC CAN CONFIRM THAT YOUR WEBSITE DOES IN FACT APPEAR IN GOOGLE’S PAGE ONE ORGANIC SEARCH RESULTS AS MENTIONED HERE. At the point in time where a webpage, web document, listing, or social media result, pertaining to your website appears in Google’s page one organic search results, it is agreed that OFC has, at that time, fully met and fulfilled its obligations with regard to OFC’s guarantee as to your website appearing in the organic section of Google’s page one search results, and is immediately released from any future obligations relating to said positioning guarantee, and all services provided by OFC relating to the Diamond Plus Product And Service shall immediately cease. You can, if you so desire, renew the service for as many years as you wish.
11.8 EXTENDED TERM PAGE ONE POSITIONING FULFILLED: During any Extended Term, OFC finds that a webpage, document, listing, or social media listing of or from your website appears in Google’s Page One Organic Search Results then OFC shall cause a screen snapshot to be taken of the Google webpage displaying said page one placement as proof that your website appears in Google’s page one organic search results. OFC to send you a copy of said screen snapshot which you hereby agree shall be immediate confirmation that OFC has met its guarantee as to page one placement within Google’s organic search results and that you further agree that at the point of discovery by OFC of said placement that any and all obligations of OFC to continue to perform any and all duties under the Extended Term shall immediately cease and any future obligation on the part of OFC to continue to provide ongoing services without compensation are immediately cancelled and thereby made null and void.
11.9 GOOGLE PAGE ONE REQUIREMENTS: For OFC to be able to claim that it has fulfilled its obligations of obtaining Google Page One Organic Positioning, the following conditions must be met:
a) The link, webpage, document, listing, or social media listing displayed within Google’s search results must relate to the website, domain, or URL you provided OFC as the website referenced in the Diamond Plus Products And Services Agreement that you must have signed.
b) The link, webpage, document or listing displayed within Google’s search results must be displayed within the organic search results. Organic search results do not include any sponsored listings or PPC listings, (also known as Pay-Per-Click).
c) The search results must have been generated by a search query being made that is or contains a keyword or key phrase that relates to your products, services, industry or website.
11.10 OFC’S FULFILLMENT OF ITS GUARANTEE OBLIGATIONS: Once OFC detects that your home page or any subpages or documents within your web site are listed in Google’s Page One Organic search results, and which meets the criteria mentioned above in item 11.9, OFC shall cause a screen snap shot to be made of that page that displays the keyword or keyphrase used in the search, and the link, webpage, document or listing regarding your website within the organic search results of Google. OFC shall forward a copy of the screen shot to your attention via email. At the point of discovery of the page one result, it is agreed that OFC has, at that point in time, met any and all of its obligations which relate to the position guarantee portion of the agreement as it relates to the SiteSolutions.Com’s Diamond Plus Product And Service purchased and is thereby immediately relieved from any present or future obligation as to any position guarantee during the remainder of the term be it the Initial Term or a Renewal Term. If the page one position is obtained during the Extended Term, then at the time of discovery of the page one placement, OFC is immediately released from any future obligations to perform any services at no cost to you, as it relates to the SiteSolutions.Com’s Diamond Plus Product And Service purchased.
11.11 BENCHMARKS: During the initial setup of OFC’s Diamond Plus Products And Services, as it relates to your website, and immediately after OFC’s programming has been completed, OFC shall cause a copy of your website to be made as a benchmark for future reference for comparative purposes to determine if any unauthorized changes have been made to your website or pages as mentioned within this item 11.20.
11.12 GOOGLE SCREEN SNAP SHOTS: OFC shall monitor Google’s page one organic search results to determine if and when your website appears in Google’s page one organic search results resulting from a search being performed for a keyword or keyphrase as described in item 11.9 herein.
11.13 META TAG INSTALLATION: OFC is to research, create, and install the following items on your default or home page: Title Tag, Description Meta Tag, and Keyword Meta Tag. You are responsible for the research, creation, and installation of any Title Tag, Description Meta Tag, and Keyword Meta Tag for all other pages contained within your website. You may elect to have OFC perform these services on your other webpages within your website, the cost thereof to be determined and agreed upon at that time. All tags on all pages within your website are to be written in such a way as to provide favorable SEO results. OFC retains the right to request that you change any features of your website that in OFC’s sole discretion believes may cause a negative SEO effect upon your website and you agree to make any modifications requested by OFC within 10 business days or OFC is released thereby from any present or future Google Page One Position Guarantee for the remainder of the Term then being provided be it the Initial Term, Renewal Term, or Extended Term.
11.14 ACCEPTABLE KEYWORDS OR KEY PHRASES: Page one organic search results shall appear as a result of a search being performed in Google for a keyword or key phrase that has or presently relates to your business, product, service, website, or industry. A key phrase which is being used in a search to ascertain the status of OFC’s Page One Guarantee shall not exceed a total of 5 separate words which may contain a mix of alphanumeric characters.
As an example of the type of acceptable key phases would include:
San Antonio Bed and Breakfast
Recording Studio New York
Custom Tool Fabrication
Water Test Kit For Swimming Pool
Advantage Of Whole Life Insurance
67 Ford Mustang For Sale
Convalescent Homes In Roseville Ca
Wholesale Paint Supplies Denver Co
Best Caribbean Cruise Line
11.15 TARGET KEYWORD LIST: You are to provide OFC with a list of up to 20 keywords or key phrases that pertain to your products, services, industry or website for which you would like to achieve better positioning for your website or web pages in Google’s organic search results. It is agreed that this list is to be used as a guideline for informational purposes only and is to be used by OFC’s staff and engineers in helping research and create effective Title Tags, Meta Tags, and Page Text Modifications for your home page. In addition, this list will be used to provide OFC with topics that may be used during the creation of blog entries for the Social Media aspects of the Diamond Plus Products And Services.
11.16 TARGETED KEYWORD LIST RESULTS NOT GUARANTEED: Your inclusion of any keyword or key phrase in the Targeted Keyword List does not constitute any financial or performance obligation or guarantee of any kind on behalf of OFC including but not limited to the inclusion of the actual positioning outcome obtained for said keywords or key phrases within Google’s search results. This list is for informational purposes only as mentioned above in item 11.15 above and item 11.17.1 below.
11.17 EXCLUDED KEYWORDS: Prior to the beginning of the Initial Term, you may provide OFC with a list of keywords or key phrases in any quantity that when searched in Google, already displays your website in Google’s page one organic search results when the criteria mentioned in all of items 11.9, 11.9.1, 11.9.2, and 11.9.3 inclusive are met. The purpose of this list is to provide notice to OFC that OFC should not claim future credit for the establishment of any exact match to any keywords or key phrases contained within said Excluded Keyword list.
11.17.1 In order for a keyword to be excluded, OFC must be able to verify that the keyword or key phrase does in fact bring your site up in Google’s organic page one results when meeting all search criteria mentioned below. Keywords or Key Phrases that appear in Google’s Pay Per Click listings are not allowed in the Excluded Keywords List. Additionally, “ALL” of the following conditions must be met;
COMPUTER & BROWSER REQUIREMENTS:
a) The computer from which the search is being conducted must have been cold booted immediately before the search,
b) All cache and history files must have been cleared immediately prior to the search,
c) Neither the computer or the user of the computer may be logged into any Google product or service.
GOOGLE SETTINGS:
The Google “Search Settings” options used to determine positioning shall be set as follows:
d) Interface Language: English
e Location: Shall be set to the zip code you provided OFC as your physical business location within SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT.
f) Safe Search Filtering: Do not filter my search results.
g) Google Instant: Do not use Google Instant
h) Number Of Results: Shall be set to Google’s default of; Display 10 results per page.
This is done to present a true, non cached, non history search result. Once OFC has verified that your keyword or key phrase that you have provided in your Excluded Keyword List is being displayed in Google’s organic search results as mentioned herein and has meet all of the requirements as mentioned herein in item 11.17.1, then that keyword or key phrase shall be excluded from OFC’s ability to claim responsibility for said page one placement as it relates to the position guarantee as mentioned herein in items 11. through 11.23 inclusive. If OFC cannot duplicate the search results showing your website on page one in Google’s organic search results, for any specific keyword or key phrase in your Excluded Keyword List, then that keyword or key phrase shall be removed from the Excluded Keyword List. Until such time as you present said list to OFC and, OFC has reviewed said list and provides you with OFC’s written approval of said list, the list shall not have any effect upon the service being provided. However, once accepted by OFC, the list is binding and cannot be changed or modified by either party to this agreement.
11.18 KEYWORD OR KEY PHRASE VARIATIONS: It is agreed that OFC shall be able to utilize variations to said excluded keywords or key phrases as proof of its fulfillment of its guarantee obligations as mentioned herein. For example: If you exclude the search term “carpet cleaner santa Barbara,” OFC may use “carpet cleaner” or “carpet cleaning service santa barbara” or other variations as a result which meets the requirement as proof that OFC has fulfilled its guarantee requirements.
11.19 SOCIAL MEDIA: As part of OFC’s efforts to accomplish page one positioning, OFC may elect, in its sole discretion, to research, create, and post blog entries relating to any topic or topics, at a time, quantity, and submitted to such locations as OFC, in its sole discretion, deems appropriate. This agreement does ÒnotÓ guarantee or require that OFC shall utilize any Social Media application or efforts as the application of any social media services is on an Òas neededÓ basis as determined exclusively by OFC. It is agreed that if any article or blog is written and published it shall be in the form of Òthird-personÓ with the exclusive purpose of the publication being to assist OFC in achieving a possible higher overall SEO score within a given search engine. The articles or blogs should NOT be looked upon as a marketing piece or as commercial grade literature that represents your company. It is for SEO purposes ONLY for the consumption by search engines and is therefore written at the minimal literary level necessary to assist in accomplishing that goal. It should be noted that any Social Media activities as mentioned herein in 11.19, are provided by OFC without compensation and at no charge to you. It is not a promised or integral part of any Diamond Plus Products And Services package for which you are purchasing or subscribing, and you are not being charged accordingly nor will you be charged if OFC decides to create and apply any Social Media activities as mentioned herein in 11.19. You may optionally elect, at a future date, to purchase specific social media services from OFC at a level and price then determined which would require a separate agreement and payment terms for said purchase.
11.20 INITIAL PAGE CONTENT CHANGES & CHANGES OR MODIFICATIONS: You hereby acknowledge and agree that any modifications to your website’s pages or content, beyond those made by OFC during the initial setup of your site as it relates to the OFC’s Diamond Plus Products And Services being provided you, may have an immediate and long lasting negative effect upon your websiteÕs eventual inclusion in or potential positioning obtained within Google’s organic search results. As such, you are hereby notified, acknowledge, and agree that you will not make, nor will you instruct or allow others to make, any changes or modifications to any Title Tags, Meta Tags, or Page CONTENT of any page or pages contained within your website without first, 1) Notifying OFC in writing of your intention to make changes or modifications, said written notification is to be in enough detail to allow OFC, in it’s sole and exclusive determination, to decide if said changes will have a potential negative effect on your website’s inclusion or eventual positioning within any search engine or directory, 2) Allow OFC a total of 10 working days to review said proposed changes, and 3) Receive from OFC its written agreement and authorization to proceed with your proposed changes or modifications. If you do not follow the above requirements prior to making any changes or modifications to your website or if OFC, after reviewing your proposed changes recommends that you do not make the proposed changes, and you go ahead and implement any changes that were not approved by OFC, then by your action, you will have immediately forfeited any rights or claim to the Google Page One Guarantee portion of the Diamond Plus Products And Services being provided, and that OFC at that point in time is immediately released from any present or future obligation or guarantee relating to any specific listing or page position obtained within Google, and that by your action, OFC’s obligation to perform under any form of Google Page One Guarantee is immediately made null and void. OFC shall continue to perform other duties relating to the service purchased but the portion relating to any form of Google Page One Guarantee is removed from OFC’s obligation to perform.
11.21 RENEWALS OF SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES: Upon the expiration of any Term, be it the Initial Term, or a Renewal Term, wherein OFC has been providing SiteSolutions.Com’s Diamond Plus Products And Services, all services provided therein shall cease. SiteSolutions.Com’s Diamond Plus Products And Service agreements DO NOT AUTOMATICALLY RENEW. In order to have the service renew, you must complete and sign a new SiteSolutions.Com Diamond Products And Services Agreement. Said renewal term is known as the Renewal Term. All Terms and Conditions contained herein and in the new SiteSolutions.Com’s Diamond Product And Services Agreement shall be binding upon the parties including items 5.1 with regard to OFC’s no refund policy.
11.22 SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT: To be binding upon you and OFC, all purchases of Diamond Plus Products And Services requires the creation of a written contractual agreement known as the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT which must be reviewed, acknowledged, agreed to, and signed by both you and OFC, which includes very specific details, terms, conditions, covenants, and obligations relating to both OFC and you. Until such time as the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT is signed by both parties, neither party shall be obligated in any form, fashion, or manner to any terms or obligations contained within the SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT. However, once the SITESOLUTIONS.COM DIAMOND PLUS PRODUCTS AND SERVICES AGREEMENT is signed by both parties, all items, terms, conditions, covenants, and obligations contained therein shall be in full force and legally binding upon the parties thereto and additionally and immediately shall be incorporated herein in its entirety, including your signature, as if it were fully set forth herein and shall become an integral part of this entire agreement and terms and conditions as covered herein in its entirety regarding the contractual obligations between you and OFC as related to any services offered by OFC including SITESOLUTIONS.COM’S DIAMOND PLUS PRODUCTS AND SERVICES purchased by you, including OFC’s No Refunds Policy as mentioned herein in item 5.1.
11.23 VOLUNTARY TERMINATION OF SERVICE: You may request that OFC discontinue any service being provided you during the initial term, renewal term or extended term, even if page one positioning has not been obtained. If you so elect to have OFC discontinue the service known as Diamond Plus Products And Services, then OFC is immediately relieved of any present or future responsibility to continue to perform any ongoing services, and any form of position guarantee is then immediately made null and void. If you voluntarily terminate said services, you will not be entitled to any compensation, proration, credit, or refund as mentioned within these terms and conditions and within item 5.1 above.
12. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
This web site, and the information which it contains are Copyright © 2013 Online Fulfillment Corporation and/or its suppliers, 5098 Foothills Blvd., Roseville, California, 95747 U.S.A. All rights reserved. SiteSolutions.Com, SiteSolutions.Com logo, and/or other SiteSolutions.Com products and services referenced herein may also be either trademarks or registered trademarks of OFC in the United States and/or other countries and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
15. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Online Fulfillment Corporation
5098 Foothills Blvd. #3136
Roseville, CA 95747 USA
service@sitesolutions.com
Revised 5/1/2011
