End user agreement for Search Engine Promotion Tools
Users must agree to the following rules before signing up:
Search Engine Promotion Tools.Com reserves the right to cancel your membership at any time for any reason.
You must be a company or individual over the age 16 If paying by credit card, you are the card holder, or you have express permission by the card holder to authorize billings. You must sign up using your real name and valid contact information.
You agree not to submit any internet website containing information or related information or links to information of the following kind :
- Information related to illegal software
- Information related to illegal MP3 songs, movies and other copyrighted material
- Information related to hacking, phreaking or other illegal activites
- Information related to pyramid schemes User agrees not to use any words in the keywords of a submission that relate to the subjects in the previous rule.
User acknowledges that an e-mail might be sent by one or more search engines which is being submitted to. You have the option to route all confirmation emails to a seperate email address within the Search Engine Promotion Tools.Com application.
Search Engine Promotion Tools.Com can not prevent other web sites from sending confirmation emails. It is therefore advisable to use a seperate e-mail address when submitting. This option is available for you to utilize within the site.
You acknowledge this is a monthly service, and agree to pay for charges on a monthly basis. If you do not wish to continue using the service beyond the initial 30 day access period, you may cancel additional billings at anytime by clicking on the cancel button located in your account area. By canceling your account you will not receive a refund.
Cancelling your account means you will not be billed any additional charges.
You cannot buy access to the submission server, then cancel and receive a refund.
Access fee's may change at anytime without notice. You will never be billed for more, or at a higher rate than the pricing set forth today.
When you are accepted as a subscriber and begin using the submission services provided by Search Engine Promotion Tools.Com, a California corporation ("aka Tunza Products Inc."), you are acknowledging that you have read this Subscriber's Use Agreement ("Agreement"), that you understand what it says and agree to be bound by all of the terms and conditions stated below.
Search Engine Promotion Tools.Com is not responsible for any possible damage caused by your usage of the submission system.
You understand that a Search Engine Promotion Tools.Com subscription is for your personal, exclusive use and you agree not to share your password or any of your rights as a member with any other person.
You agree that all information submitted on your order to Search Engine Promotion Tools.Com is true and correct and that you are the legal holder of the credit card and personal information being submitted.
You acknowledge and agree that, once access is granted to the subscribers site, no refund will be provided. You understand that any advertising is a risk, and individual results will vary from one person to another.
You acknowledge that Search Engine Promotion Tools.Com has no interest in nor control over any other outside links or web sites which may be submitted in the subscribers area. Search Engine Promotion Tools.Com is not responsible for the accuracy of the information provided on outside websites, the Search Engine Promotion Tools.Com is not liable for the services provided by, or other actions of, such third party web sites, and Search Engine Promotion Tools.Com shall not be a party to any contract for services provided by third party web sites.
You acknowledge that all rights to the content of and information provided on this website, including copyrights, are owned by Search Engine Promotion Tools.Com, or its affiliates and/or partners.
You agree not to, or to permit anyone else to, copy, reproduce, create derivative works, distribute, exploit or disclose any portion of such information without Search Engine Promotion Tools.Com's prior written permission.
You may publish content on this website that is owned by you, content for which you have received express permission from the owner or content in the public domain. You shall remain solely responsible for all content posted by you. Search Engine Promotion Tools.Com has the right, but not the obligation, to correct, edit or delete any content that it determines is unacceptable. You grant Search Engine Promotion Tools.Com the right to edit, copy, publish, distribute and use any content that you place on this website without compensation to you.
You agree to not post any information on the website or its discussion groups, which is (i) libelous, defamatory, abusive or threatening, (ii) contains viruses or other destructive features or (iii) violates the rights of others through copyright, trademark or patent infringement.
You agree that you will not use this website or any of the information or services on this website (i) for illegal solicitation purposes, or any activity that is prohibited by law, or any purposes other than its intended use, as determined by Search Engine Promotion Tools.Com in its sole discretion.
You also specifically agree not to resell any of the information or services provided by Search Engine Promotion Tools.Com through this website or otherwise misrepresentation that any information or services provided by Search Engine Promotion Tools.Com hereunder are provided by you, other than our official affiliate plan.
Search Engine Promotion Tools.Com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR SERVICES PROVIDED BY Search Engine Promotion Tools.Com, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Search Engine Promotion Tools.Com GIVES NO WARRANTIES OR GUARANTIES WHATSOEVER REGARDING THE SUCCESS RATE THAT YOU MAY RECEIVE FROM SERVICES PROVIDED ON THIS WEBSITE OR BY Search Engine Promotion Tools.Com.
Search Engine Promotion Tools.Com will use reasonable efforts to maintain the continuous operation of its website and provision of services; however, Search Engine Promotion Tools.Com does not guaranty that the same will continuously remain operational or that there will not be unanticipated delays in the provision of the services. Unforeseen equipment, software and network failures, acts of God, and periodic scheduled maintenance may cause the servers to go off line or other equipment failures.
Search Engine Promotion Tools.Com does not assume any part of your business risk. You agree that Search Engine Promotion Tools.Com will not be liable for any damages resulting from interruption of business related to any failures or other delays of the website or the services, including for any indirect, special, incidental or consequential damages of any kind.
You agree to indemnify and hold Search Engine Promotion Tools.Com, its officers, directors, employees, agents and representatives harmless from any and all liabilities and claims, including attorneys' fees and costs, resulting from your use of Search Engine Promotion Tools.Com's services including, without limitation, as a result of your use of the services.
Search Engine Promotion Tools.Com reserves the right to change the terms and conditions of this Agreement at any time. You will be notified of any such changes by either email or by the posting of the changes at this website. Your continued use of this website or the services offered following notice of such changes indicates your acceptance of the changes and agreement to be bound them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should cease all use of this service.
Search Engine Promotion Tools.Com, in its sole discretion, reserves the right to cancel any subscribership or to refuse to provide services to anyone for any reason. In the event that your subscribership is canceled or services are discontinued, you agree to discontinue using this website and the related services as may be directed by Search Engine Promotion Tools.Com.
You agree that this Agreement and the parties' rights hereunder shall be governed by California law, and that venue and jurisdiction shall be proper in California. You may only assign this Agreement with the prior written consent of Search Engine Promotion Tools.Com; this Agreement shall be binding on the parties' successors and your permitted assigns.
Lawful Products/Services: Only lawful products and services may be advertised. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws.
Offensive/Inappropriate Content: Search Engine Promotion Tools.Com prohibits the transmission, advertising, distribution or posting of unwanted or offensive content. Transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, telephone numbers, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM").
Further, Search Engine Promotion Tools.Com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and You further waive your right to any damages (from any party) related to such exposure. Search Engine Promotion Tools.Com may cease submission of any content it deems inappropriate.
Warrantees: Company does NOT guarantee or predict any type of profit from any submissions, or other information submitted thru Search Engine Promotion Tools.Com. No warranties or guarantees are expressed or implied.
Software access sales are final and non-refundable. Credit Card payment that is returned unpaid for any reason will put you in immediate default and is subject to a returned charge of $25 from Search Engine Promotion Tools.Com. Additionally, all returned credit card payments are subject to collection agency activity & negative credit bureau reporting.
I also understand that I (customer) will be liable for all collection agency and/or attorney fees borne by Search Engine Promotion Tools.Com if my account goes to collection. Search Engine Promotion Tools.Com may refuse your order if Search Engine Promotion Tools.Com deems it inappropriate.
Violation of Terms: Search Engine Promotion Tools.Com, in its sole discretion, determines that a violation of these Terms has occurred, Search Engine Promotion Tools.Com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms.
Search Engine Promotion Tools.Com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Search Engine Promotion Tools.Com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to you. If Search Engine Promotion Tools.Com believes in its sole discretion that any ad may create liability for Search Engine Promotion Tools.Com, we may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, Search Engine Promotion Tools.Com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. ALL SALES ARE FINAL AND NON-REFUNDABLE. Search Engine Promotion Tools.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Search Engine Promotion Tools.Com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Search Engine Promotion Tools.Com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Search Engine Promotion Tools.Com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Search Engine Promotion Tools.Com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Search Engine Promotion Tools.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Search Engine Promotion Tools.Com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT Search Engine Promotion Tools.Com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall Search Engine Promotion Tools.Com's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Search Engine Promotion Tools.Com, if any, that is related to the cause of action.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Search Engine Promotion Tools.Com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Search Engine Promotion Tools.Com grants you a personal, non-transferable, non-exclusive, and revocable right and license to access its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in 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. You agree not to access the Service by any means other than through the interface that is provided by Search Engine Promotion Tools.Com for use in accessing the Service.
No Resale or Unauthorized Commercial Use: You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Service. Reseller rights are expressly available only thru the official Search Engine Promotion Tools.Com affiliate program.
No Agency: There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Search Engine Promotion Tools.Com and any User of the Service.
Notice: Any notice shall be deemed received by us if submitted in writing via certified postal mail, return receipt requested, postage pre-paid.
Complete Agreement: This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
Governing Law: These Terms and the relationship between User and Search Engine Promotion Tools.Com shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Search Engine Promotion Tools.Com agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of San Luis Obispo, CA.
Right to Enforce: The failure of Search Engine Promotion Tools.Com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Terms of Filing: User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.