Welcome to ESEO, the company that helps you market to a new world. We are dedicated to providing you with some of the most comprehensive solutions to marketing and design, with a revolutionary interactive platform. The ESEO Site and related services (together “Services”) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the site, whether or not they are a registered user of ESEO. Additional terms, including any Privacy Policies, Reseller Agreements, Purchase and Service Orders, Non-Disclosure Agreements, and other agreements, may apply to those utilizing ESEO Services, including those requirements that govern terms and conditions of payment.
Through its Services, ESEO provides you with access to a variety of resources, including (but not limited to) search engine optimization services, search analytics, content writing, personalized design services, and social media services. Unless we say otherwise, your ability to view, use, or interact with these services is governed by this Agreement. “You” means the individual, company, or legal entity that viewing, interacting, using, or is a client of ESEO or its authorized resellers, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
This Agreement is the electronic contract between you and ESEO, and defines your relationship with us. Since the nature of the internet changes, we must constantly adapt our Site and Services. With that in mind, you understand and agree that the Services we offer are unique, therefore ESEO reserves the right to change this Agreement at any time, and the changes will take effect once they are posted on the Site. In plain English, you need to be aware that: (1) this Agreementis subject to change; (2) it is your responsibility to check for changes; and (3) your use of the Site or Services after it has changed means you accept the changes. If you do not agree with these terms, or any other terms you have been presented with, immediately discontinue use of the Site and Services and notify us of your decision.
NOW THAT YOU’RE HERE, WHAT CAN AND CAN’T YOU DO?
Accepted Use. By viewing, interacting, registering, linking to, using the Site and related Services, and/or becoming a client of ESEO or its Reseller’s, you represent that your use of the Site and related Services complies with, and will continue to comply with for the duration of this agreement, all of the provisions of this Agreement, and does not violate the rights of any person or any duty owed to any other party, and that it does not violate any applicable law. You also agree that you will be solely responsible for the authenticity and/or operation of information you provide, interaction with the site, or in connection with your use of any related services, as well as the accuracy and appropriateness of materials you provide or other websites you partner with. ESEO accepts no responsibility for monitoring individual websites, link partners, Reseller, third party websites, or the user profiles, interactions, or groups of related services. Although ESEO reserves the right to monitor certain activities, it has no obligation or responsibility to monitor, modify, or remove any inappropriate content, or for the conduct of content submitted to our Site or any other site.
You will not maintain more than one user account per person or company without prior authorization from ESEO.
Ownership Rights and Licenses. We like our Site and the Services we offer and we have invested quite a lot of time, money, and perspiration in providing some of the best the web has to offer. So it should come as no surprise that we don’t like when people steal our stuff. Stuff, in this sense, includes the copyrighted material, trademarks, and other proprietary information of ESEO and its licensors. Notwithstanding anything in the public domain, or that we gave you express written permission to use, you may NOT copy, distribute, modify, publish, display, sell, barter, exchange, resell, maim, or otherwise redistribute any of our copyrighted material, trademarks, or proprietary information. If you do, we’ll come at you with the proverbial legal stick. By using or interacting with the Site you agree to provide ESEO with a limited license for the use of any information or content you provide.
Infringement Claims. In the event of a claim that your use or participation with the Site or Services, in accordance with the terms of this Agreement, infringes any proprietary right of any third party, ESEO shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes noninfringing, or (c) terminate your participation and rights granted herein.
THE SITE, NETWORK, OR OTHER OPERATION OF ESEO AND ITS SITE AND SERVICES (COLLECTIVELY “ESEO”), ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. ESEOS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE NETWORK, SITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE NETWORK, AND IN NO EVENT SHALL ESEO, ITS RESELLERS, OR ADVERTISERS BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE NETWORK, SITE, DATA, UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF ESEO OR RESELLER, OR THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE AND SERVICES, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, SERVICE, OR RELATED OFFERS, PROGRAMS, SITE, DATA AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ESEO AND/OR RESELLER, OR THIRD PARTY LINK PARTNER HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR ADVERTISERS UNDERLYING PRODUCTS OR SERVICES AND ESEO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE SITE, SERVICES, OR PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND ESEO. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. ESEO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESEO OR ADVERTISER, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ESEO AND/OR RESELLERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
Jurisdiction, Choice of Law, and Disputes. This Site and the related services can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has many different laws, by accessing this Site and related Services you agree that interpretation of this Agreement, as well as any disputes related to it, will be construed and governed by the laws of the State of Arizona, without regard to its conflict of laws principles. In addition, you consent to jurisdiction and venue in the State and Federal Courts of the State of Arizona, Maricopa County, for the resolution of any such dispute. The prevailing party in any such dispute will be entitled to attorneys’ fees, costs, and other remedies at law.
Indemnification. You agree to fully defend, indemnify, including reasonable attorneys’ fees and costs for claims, threats, or disputes arising out of, or related to your use or participation in, the Site and/or Services, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the Site/Services; (3) allegations concerning intellectual property infringement; (4) breach of any of your warranties, representation and hold ESEO, its subsidiaries, Advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses.
Modification. Your continued use of the Site and/or Services must be in full accordance with this Agreement and any modifications to it by ESEO. ESEO reserves the right to make changes to the Site, Services, and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorized User and you must notify ESEO immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
Relationship of Parties. ESEO, and any developers, Resellers, or operators of applications will be and shall act as independent contractors, and no party is authorized to act as or shall be an agent or partner of, or joint venturer with, the other party for any purpose, unless otherwise authorized by ESEO in writing in a separate agreement. Neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.