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Terms of Use:
SEOMG is provided to you "as is." SEOMG uses its best efforts
to maintain SEOMG, but is not responsible for the results of any
defects that may be found to exist in SEOMG, or any lost profits
or other consequential damages that may result from such defects.
You should not assume that SEOMG is error-free or that it will be
suitable for the particular purpose that you have in mind when using
it.
1. ACCEPTANCE OF TERMS:
SEOMG provides its service to you, subject to the following Terms of Use (TOU),
which may be updated by us from time to time without notice to you. In addition,
when using any SEOMG service, you and SEOMG shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by reference
into the TOU.
2. DESCRIPTION OF SERVICE:
You understand and agree that the service is provided "AS-IS" and that SEOMG
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or settings.
In order to use the service, you must obtain
access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS:
In consideration of your use of the service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted when
placing an ad and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or SEOMG has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, SEOMG has the right to suspend or terminate your account and
refuse any and all current or future use of the service (or any portion thereof).
4. SEOMG PRIVACY POLICY:
Registration Data and certain other information about you will in no way be
sold or used for mailing lists other than SEOMG and other associated services.
SEOMG is concerned about the safety and privacy of all its users, particularly
children. For this reason, no person under the age of 13 my make any purchase
with out parents permission. SEOMG will not take responsibility fopr any purchase
made by any child under the age of 13 that falsely portrays themselves as an
adult and or makes a purchase posing as an adult.
5. USER CONDUCT:
You understand that all information, data, text, photographs, graphics, or
other materials ("Content"), are the sole responsibility of the person from
which such content originated. This means that you, and not SEOMG, are entirely
responsible for all content that you upload, post, email or otherwise transmit
via the service. SEOMG does not control the content posted via the service
and, as such, does not guarantee the accuracy, integrity or quality of such
content. You understand that by using the service, you may be exposed to content
that is offensive, indecent or objectionable. Under no circumstances will SEOMG
be liable in any way for any content, including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any content posted, emailed or otherwise transmitted
via the service.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
7. PUBLIC CONTENT POSTED TO SEOMG:
(a) For purposes of the TOU, "publicly accessible areas of the service" are
those accessible by the general public.
(b) With respect to content you elect to post for inclusion in publicly accessible
areas of SEOMG or that consists of photos or other graphics you elect to post
to any other publicly accessible area of the service, you grant SEOMG the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt and publish
such content on the service solely for the purpose of displaying, distributing
and promoting the specific SEOMG to which such content was submitted, or, in
the case of photos or graphics, solely for the purpose for which such photo
or graphic was submitted to the service. This license exists only for as long
as you elect to continue to include such content on the service and shall be
terminated at the time you delete such content from the service.
(c) With respect to all other content you elect to post to other publicly accessible
areas of the service, you grant SEOMG the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed.
8. INDEMNITY:
You agree to indemnify and hold SEOMG, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of content you submit, post to or transmit through the service,
your use of the service, your connection to the service, your violation of
the TOU, or your violation of any rights of another.
9. NO RESALE OF SERVICE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the service, use of the service, or access
to the service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that SEOMG may establish general practices and limits concerning
use of the service, including without limitation the maximum number of days
that uploaded content will be retained by the service, the maximum disk space
that will be allotted on SEOMG servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the service in
a given period of time. You agree that SEOMG has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other content maintained or transmitted by the service. You further acknowledge
that SEOMG reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE:
SEOMG reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the service (or any part thereof) with or without
notice. You agree that SEOMG shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the service.
12. TERMINATION:
You agree that SEOMG, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the service, and remove and discard
any content within the service, for any reason, including, without limitation,
for lack of use or if SEOMG believes that you have violated or acted inconsistently
with the letter or spirit of the TOU. SEOMG may also in its sole discretion
and at any time discontinue providing the service, or any part thereof, with
or without notice. You agree that any termination of your access to the service
under any provision of this TOU may be effected without prior notice, and acknowledge
and agree that SEOMG may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further access
to such files or the service. Further, you agree that SEOMG shall not be liable
to you or any third-party for any termination of your access to the service.
13. DEALINGS WITH ADVERTISERS:
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that SEOMG shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the service.
14. SEOMG PROPRIETARY RIGHTS:
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. You further acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws.
15. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. SEOMG 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.
b. SEOMG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SEOMG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
16. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEOMG SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SEOMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
17. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
18. NOTICE:
Notices to you may be made via either email or regular mail. The service may
also provide notices of changes to the TOU or other matters by displaying notices
or links to notices to you generally on the service.
19. TRADEMARK INFORMATION:
SEOMG, the SEOMG logo and other SEOMG logos and product and service names are
trademarks of SEOMG (the "SEOMG Mark"). Without SEOMG prior permission, you
agree not to display or use in any manner, the SEOMG Mark.
20. GENERAL INFORMATION:
The TOU constitute the entire agreement between you and SEOMG and govern your
use of the service, superceding any prior agreements between you and SEOMG.
The TOU and the relationship between you and SEOMG shall be governed by the
laws of the State of Michigan without regard to its conflict of law provisions.
You and SEOMG agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Macomb, Michigana. The failure of SEOMG
to exercise or enforce any right or provision of the TOU shall not constitute
a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full
force and effect. You agree 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 TOU must be filed within one (1) year after such claim or cause of action
arose or be forever barred. |