AGREEMENT BETWEEN USER AND Kauai Online Marketing Marketing
Kauai Online Marketing is comprised of various Web pages operated by Kauai Online Marketing Marketing.
Kauai Online Marketing is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Kauai Online Marketing page constitutes your agreement to all such terms, conditions, and notices.
Kauai Online Marketing Marketing reserves the right to change the terms, conditions, and notices under which Kauai Online Marketing is offered, including but not limited to the charges associated with the use of Kauai Online Marketing.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Kauai Online Marketing MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kauai Online Marketing Marketing AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Kauai Online Marketing AT ANY TIME. ADVICE RECEIVED VIA Kauai Online Marketing SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Kauai Online Marketing Marketing AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Kauai Online Marketing FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kauai Online Marketing Marketing AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : email@example.com
All invoices must be paid in full within 15 days of billing.
Kauai Online Marketing’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.
Kauai Online Marketing’s SEO Services may include (but are not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms.
- Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
- Editing and/or optimization of text for various html tags, meta data, page titles, and page text as necessary.
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
- Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
- Create traffic and ranking reports showing rankings in the major search engines.
- Creating blog posts and social media posts.
For the purposes of receiving professional SEO services, Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Access to a client email address (@domain or gmail) for the purposes of requesting links.
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Kauai Online Marketing Marketing for search engine optimization purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for thepurpose of creating additional or richer web pages.
Client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Kauai Online Marketing has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and othercompetitive factors, Kauai Online Marketing does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Kauai Online Marketing will re-optimize the website/page based on the current policies of the search engine in
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Kauai Online Marketing can offer a list of expedited listing services upon request.
- Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Kauai Online Marketing does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
Kauai Online Marketing is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Additional Services not listed herein (branded copywriting, blitz campaigns, addition consulting, etc.) will be provided for a fee of $100-$200 per hour.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Kauai Online Marketing for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Kauai Online Marketing and its subcontractors from any liability or suit arising from the use of such elements.
Kauai Online Marketing is not responsible for the Client overwriting SEO 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, based on the hourly rate of $200 per hour. Notwithstanding any other provision of this Agreement, Kauai Online Marketing’s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Kauai Online Marketing, then Kauai Online Marketing’s obligation to provide SEO services for free shall terminate.
LINKS TO THIRD PARTY SITES
Kauai Online Marketing may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Kauai Online Marketing Marketing and Kauai Online Marketing Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kauai Online Marketing Marketing is not responsible for webcasting or any other form of transmission received from any Linked Site. Kauai Online Marketing Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kauai Online Marketing Marketing of the site or any association with its operators.
USE OF COMMUNICATION SERVICES
Kauai Online Marketing may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Kauai Online Marketing Marketing has no obligation to monitor the Communication Services. However, Kauai Online Marketing Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kauai Online Marketing Marketing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Kauai Online Marketing Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kauai Online Marketing Marketing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kauai Online Marketing Marketing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kauai Online Marketing Marketing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kauai Online Marketing Marketing spokespersons, and their views do not necessarily reflect those of Kauai Online Marketing Marketing.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Kauai Online Marketing Marketing OR POSTED AT ANY Kauai Online Marketing
Kauai Online Marketing Marketing does not claim ownership of the materials you provide to Kauai Online Marketing Marketing (including feedback and suggestions) or post, upload, input or submit to any Kauai Online Marketing or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kauai Online Marketing Marketing, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kauai Online Marketing Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kauai Online Marketing Marketing’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Kauai Online Marketing, you warrant to Kauai Online Marketing Marketing that you will not use Kauai Online Marketing for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Kauai Online Marketing in any manner which could damage, disable, overburden, or impair Kauai Online Marketing or interfere with any other party’s use and enjoyment of Kauai Online Marketing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Kauai Online Marketings.
Kauai Online Marketing Marketing reserves the right, in its sole discretion, to terminate your access to Kauai Online Marketing and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Hawaii, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Kauai, Hawaii, U.S.A. in all disputes arising out of or relating to the use of Kauai Online Marketing. Use of Kauai Online Marketing is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kauai Online Marketing Marketing as a result of this agreement or use of Kauai Online Marketing. Kauai Online Marketing Marketing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kauai Online Marketing Marketing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Kauai Online Marketing or information provided to or gathered by Kauai Online Marketing Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kauai Online Marketing Marketing with respect to Kauai Online Marketing and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kauai Online Marketing Marketing with respect to Kauai Online Marketing. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of Kauai Online Marketing are: Copyright 2017 by Kauai Online Marketing LLC . and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
DISPUTE RESOLUTION BY ARBITRATION
Most user concerns can be resolved by use of our support at firstname.lastname@example.org . If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we
agree to resolve it.
YOU AND THE SELLER AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT OR THE SELLER SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or the Seller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.
YOU UNDERSTAND THAT YOU AND THE SELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and the Seller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Seller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Seller may commence arbitration. Written notice to the Seller must be sent via postal mail.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement. The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
YOU AND THE SELLER AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Seller also agree not to seek to combine any action or arbitration with any other action or arbitration
without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and the Seller agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
These terms shall apply to the maximum extent permitted by applicable law.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute.
Furthermore, by submitting an infringement notice, you grant the Seller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the
Seller for all claims brought by a third party against the Seller arising out of or in connection with the submission of your infringement notice.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Kauai Online Marketing will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Kauai Online Marketing Marketing considers insecure, Kauai Online Marketing Marketing will be entitled to require the password to be changed and/or terminate your
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Kauai Online Marketing Marketing FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Kauai Online Marketing Marketing DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Kauai Online Marketing OR LAW ENFORCEMENT AUTHORITIES.
LIMITATION ON LIABILITY
Kauai Online Marketing, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Kauai Online Marketing Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Kauai Online Marketing Marketing AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Kauai Online Marketing Marketing FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
This Agreement is the entire agreement between the Parties as to the matters set forth herein and supersedes any such prior agreement or communication. Any subsequent waiver or modification of this Agreement, or any part of it, shall only be effective if reduced to writing and signed and dated by both Parties.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In any case where a notice or another form of communication with Kauai Online Marketing is to be given or made pursuant to any provision of this Agreement, such notice or communication shall be issued to Kauai Online Marketing LLC PO Box 55 Eleele 96705 HI USA. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Copyright 2017 by Kauai Online Marketing LLC.