Terms and Conditions for Organic Growth Digital PR Link Earning Community
Parties and Effective Date: This Agreement is entered into between the member âMEMBERâ, and Organic Growth, hereinafter referred to as âORGANICGROWTHâ, of Texarkana, Texas. Registration of an account within the Link Earning Community, hereinafter referred to as "LEC" constitutes acceptance of these Terms and Conditions by MEMBER, and continue for as long as the MEMBER.
Entire Agreement: The services are provided to the MEMBER under the Terms and Conditions as described herein. The terms and conditions of this Agreement supersede any previous agreement, statement of terms and conditions, or understanding between MEMBER and ORGANICGROWTH. All representations or promises relied upon in executing the agreement are included in the agreement.
Billing: The charges for ORGANICGROWTH LEC services is as defined below for the term of the membership. Access to the platform on which this community exists is dependent upon receipt of each monthly payment. If any payment fails, access to the platform will cease until that payment is made. All payments are non-refundable.
Pricing: MEMBER will pay ORGANICGROWTH a monthly amount as selected by MEMBER when they register.
Services: Services consist of MEMBER access to the Link Building Community.
Modifications or Amendments: ORGANICGROWTH reserves the right to modify or amend this Agreement at any time.
Term and Right to Terminate: MEMBER may cancel their membership at any time. However, if they cancel prior to the end of their current billing cycle, no refund for the unused time will be made.
Content: MEMBER agrees to assume full responsibility and liability for the content they promote within the LEC
Limitation of Liability: In no event shall ORGANICGROWTH or its agents, officers, or employees, or any affiliated company, or any agent, officer, or employee of any such company (INDEMNITEES), be liable for incidental or consequential damages of any kind, including but not limited to, loss of revenue or profits whether resulting from breach of contract, negligence, or otherwise.
INDEMNITEES shall not be held liable if one or more of these companies should experience a problem that prevents ORGANICGROWTH or ORGANICGROWTHâs MEMBERS from gaining access to the Internet, the LEC web site, and/or the MEMBER's content.
Any liability of ORGANICGROWTH, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, delay of operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, shall be strictly limited to the lesser of the amount paid on behalf of the MEMBER to ORGANICGROWTH during the year, or since the beginning of MEMBER's use of the LEC, whichever is the lesser.
MEMBER will indemnify and hold ORGANICGROWTH harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that you have made to us and otherwise arising directly or indirectly from the MEMBER's business.
ORGANICGROWTH will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond our control.
ORGANICGROWTH shall not be liable for any unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information.
Competing: ORGANICGROWTH may accept MEMBERS with competing business for access to the LEC. The MEMBER or this Agreement shall in no way prohibit ORGANICGROWTH from accepting MEMBERS whose businesses provide the same or similar services, products or categories.
At its sole discretion, ORGANICGROWTH may choose or limit the number of MEMBERS for the same services, products or categories.
Guarantee Warranty: Google provides an official statement on SEO practices and services that states:
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- No one can guarantee a #1 ranking on Google.
Beware of SEOs that claim to guarantee rankings, allege a "special relationship" with Google, or advertise a "priority submit" to Google. There is no priority submit for Google. In fact, the only way to submit a site to Google directly is through ourAdd URL page or by submitting aSitemap and you can do this yourself at no cost whatsoever.
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SEO rankings are dependent upon too many variables to provide quantities of traffic, impressions, or results. While MEMBER is working to increase the SEO authority and rankings of their website, itâs probable their competitors are working to do so as well.
While jokes generally have no place in legal contracts, SEO is like the joke where two hikers are suddenly pursued by a bear. Hiker one stops to change from his hiking boots into his running shoes. Hiker two tells hiker one heâs being foolish as he will never outrun the bear. To which hiker one replies that he doesnât need to outrun the bear, he need only outrun hiker two.
SEO is like that joke. To win at SEO, your website need only âoutrunâ your competitor websites.
For this reason,
ORGANICGROWTH does not guarantee or warranty any given amount of impressions, traffic or results to your website as a result of the use of our platform.
ORGANICGROWTH will provide professional and reasonable efforts to make the use of our platform effective and beneficial to the MEMBER.
ORGANICGROWTH SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, GUARANTEES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Indemnification: MEMBER shall indemnify, defend and hold ORGANICGROWTH and Indemnitees harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including without limitation, interest, penalties, and attorneysâ fees, that ORGANICGROWTH shall incur or suffer, which arise, result from or relate to any action taken or omitted, or representation made by the MEMBER to their customers.
The duty to indemnify arises in any action or proceeding that arises, results from, or relates to, in whole or in part, to any action, inaction, or reps of the MEMBER. The MEMBER has a duty to pay the attorney's fees of the lawyers ORGANICGROWTH chooses to defend itself in any such action.
Severability and: If any provision of this Agreement is held by any court to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
Assignability: ORGANICGROWTH has the right to sell, assign, and/or transfer this Agreement with its rights, title, or interest in it to any person, firm, or corporation at any time, and such assignee shall acquire all rights and assume all the obligations of ORGANICGROWTH under this Agreement.
Agreement Binding on Successors: The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Force Majeure: Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Partyâs reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will use commercially reasonable efforts to minimize the impact of the event.
Governing Law: The Members submit to the jurisdiction of the courts of the State of Texas for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
Mediation and Arbitration: In the event a dispute arises out of or in connection with this Agreement, the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Texas. The arbitratorâs award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Texas.