TERMS OF SERVICE
The following are the terms of service of the Influencer Industries, Inc. d/b/a InfluencerSEO (“InfluencerSEO”) subscription based services (the “Terms of Service”). Please refer to our Privacy Policy page for the terms relating to the use of the InfluencerSEO website (“the Site”). Privacy Policy [https://InfluencerSEO.com/privacy/] in this regard, both agreements are collectively referred to as the “Agreements”. Please note that all references to InfluencerSEO refer to Influencer Industries, Inc.
Prior to use any InfluencerSEO services (as defined and outlined below within this agreement), prior to your purchase and your request for services, you are required to read, understand and accept these terms. Prior to purchase, you will be required to confirm that you have read and reviewed these Terms of Service.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH INFLUENCER INDUSTRIES, INC. d/b/a InfluencerSEO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice (for example by sending you an email.) Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.
Please therefore make sure you read any such notice carefully. If you do not wish to continue using the InfluencerSEO service under the new version of the Agreements, you may terminate the Agreements by contacting us at [Info@InfluencerSEO.com].
SERVICES
1.1 InfluencerSEO is a service that provides support to content creators specifically related to on-site SEO services. Influencers within the blog publishing industry, running on single-site installations of WordPress.org will be provided with on-site SEO services including the specific items identified under the respective packages (the “Service” or collectively referred to as the “Services”).
1.2 InfluencerSEO subscribers may purchase the following Subscriptions:
Optimize Package, $99.00/Month
Strategize Package, $399.00/Month
Strategize+ Package, $499.00/Month
*Publicize Package (Invite Only Under Separate Terms and Conditions)
SERVICES DEFINED
OPTIMIZE PACKAGE:
The InfluencerSEO team will install and configure search engine optimization software on your site. In the event that you already have the software installed on your site, the InfluencerSEO team will simply reconfigure the settings. Each month / billing cycle, the InfluencerSEO team will optimize eight blog posts per month. Blog post optimization includes editing and altering your blog post; text, images, subheadings, and any other necessary aspects of your blog post in order to optimize your blog post according to the SEO software’s red, yellow, or green ratings with the goal of getting the rating green. In the event that the client’s blog post is not optimizable due to the nature of the client’s original content, the InfluencerSEO team will edit the post to give it it’s best chance at ranking, and notify you with which blog posts not optimizable and why. Posts that are not optimizable usually require a complete rewrite or overwhelming change in the voice of the Influencer’s original content, the InfluencerSEO team does not seek to completely rewrite posts or change the nature of the Influencer’s voice or overall message of the post in order to optimize content. InfluencerSEO does not guarantee that all posts can be fully optimized to the SEO standards in the software and therefore we work to improve the blog posts without altering the voice, message, or content entirely.
STRATEGIZE PACKAGE:
The InfluencerSEO team will install and configure search engine optimization software on your site. In the event that you already have the software installed on your site, the InfluencerSEO team will simply reconfigure the settings. Each month / billing cycle, the InfluencerSEO team will optimize eight blog posts per month. Blog post optimization includes editing and altering your blog post; text, images, subheadings, and any other necessary aspects of your blog post in order to optimize your blog post according to the SEO software’s red, yellow, or green ratings with the goal of getting the rating green. In the event that the client’s blog post is not optimizable due to the nature of the client’s original content, the InfluencerSEO team will edit the post to give it it’s best chance at ranking, and notify you with which blog posts not optimizable and why. Posts that are not optimizable usually require a complete rewrite or overwhelming change in the voice of the Influencer’s original content, the InfluencerSEO team does not seek to completely rewrite posts or change the nature of the Influencer’s voice or overall message of the post in order to optimize content. InfluencerSEO does not guarantee that all posts can be fully optimized to the SEO standards in the software and therefore we work to improve the blog posts without altering the voice, message, or content entirely.
In addition to the optimization of the client’s eight blog posts per month, the InfluencerSEO team will work to improve the health of your site, conduct keyword research, and provide onsite SEO strategy consulting. The InfluencerSEO team will send to-do’s for clients to complete when necessary. Any site health related issues that require programming or design changes, and therefore require a website programming and developer rather than an SEO strategist, will be billed to the client separately only after the client has approved the additional optional charges. The InfluencerSEO team will use SEO software platforms to conduct keyword research on the client’s behalf for at least one blog post per week based off of the client’s content calendar or upcoming blog posts at the client’s request. If the client does not provide upcoming blog post topics, the InfluencerSEO team will create post outlines based off their knowledge and belief of what they think the client can rank for. The InfluencerSEO team will provide blog post outlines with content suggestions to help clients create valuable content. A list of results earned each week will be provided to the client in their weekly report.
Note: The InfluencerSEO team does not guarantee results, and states that results vary based off many factors outside of the InfuencerSEO team control, including but not limited to search engine algorithm changes, the client’s web design and programming, increased keyword and content competition, and the clients willingness and consistency with following instructions from the InfluencerSEO team.
STRATEGIZE+ PACKAGE:
For an additional $100 per month, InfluencerSEO clients may choose to receive unlimited optimized blog post per billing cycle in addition to the services outlined above in the Strategize Package description. Unlimited optimized blog posts only refers to newly published content, and does not include any posts prior the billing cycle in which the client is currently receiving services for.
PUBLICIZE PACKAGE: (COVERED UNDER SEPARATE TERMS AND CONDITIONS)
Collectively, the foregoing list of services and any other services offered by InfluencerSEO are referred to as the ‘Services’.
Due to the personalized nature of the Service, InfluencerSEO also offer other services add-ons on an a la carte basis which may be purchased separately. Upon subscribing to one of our memberships, you will receive exclusive information regarding all Services provided and information to cater to your business needs and goals. The Terms of this agreement will apply to any subscription Services offered on the InfluencerSEO membership. Please note that our calls, text messages, and emails may be recorded and monitored for training purposes.
If you have any questions in relation to membership support, please contact us at [Info@InfluencerSEO.com] for clarification.
1.3 Requests for Services that fall outside of those outlined under any membership will be priced on an a la carte basis to be determined by InfluencerSEO. Members acknowledge that any provision of these a la carte Services will be governed by InfluencerSEO’s standard terms of service as set out therein.
1.4 Your access to and use of your content platform site may be interrupted from time to time as a result of maintenance or repair or any other reason within or outside the control of InfluencerSEO.
1.5 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
1.6 Prices and Payment Terms.
(a) Prices posted on this Site may be different than prices offered by us through promotions online, on social media, or with affiliates or brand partners. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept MasterCard, Visa, American Express and Discovery for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
YOUR SUBSCRIPTION.
2.1 When signing up for InfluencerSEO services, you are required to provide registration information. We use this information to create an account profile for you on our system which centralizes your membership details, content platform information and all your membership requests (your “Account”). The registration information you provide must be yours and accurate. Any failure to notify us of any changes to this information constitutes a breach of our Terms of Service.
2.2 Upon signing up to any membership, you are required to provide one primary contact email address, phone number and address which we will use to communicate with you.
2.3 You are solely responsible for maintaining the confidentiality and security of your content platform site and for all activities that occur on or through your content platform site. You are required to immediately notify InfluencerSEO of any security breach of your content platform site and we accept no liability for any losses arising out of the unauthorized use.
2.4 You accept that InfluencerSEO makes no warranties regarding your potential traffic growth, reach, domain ranking, engagement and or any other increase in your site’s performance as a result of subscribing to InfluencerSEO’s Service.
OUR OBLIGATIONS
3.1 By signing up and joining the InfluencerSEO service as a client, InfluencerSEO is obligated to provide you with the following:
* Services Contained within Your Subscription
* Access to support from our Staff
* Email confirmation of Optimized Posts
* Emailed reports and follow ups from our Strategize Team (Strategize Package)
* Tips, tricks, and tools to improve your overall site (Strategize Package)
These are collectively referred to as the ‘Deliverables’.
3.2 Upon implementation of the Deliverables, you accept and acknowledge that our obligations under the Service have been met and receipt of these Deliverables constitutes your acceptance to continue the Service.
3.3 In the event that you no longer wish to continue your membership, you must observe the termination clauses under this Agreement.
CLIENT’S OBLIGATIONS
4.1 Due to the nature of the Service, InfluencerSEO recommends that members undertake an active approach to implement the strategic advice provided under the Service in order to achieve the greatest potential for your content site.
4.2 You acknowledge that you shall be responsible for (i) providing access and information for InfluencerSEO to perform its obligations under the Agreements, (ii) payment in full for the monthly service prior to the commencement of each month, (iii) the coordination of any decision-making with parties within your team and (iv) provision of content in a form suitable for reproduction or incorporation into our Services.
4.3 In the event that your content includes references or images of third parties and/or or content provided by third parties, including copyrights, trademarks, you agree that you have all necessary permissions from these third parties to permit InfluencerSEO to use and display this content.
RIGHTS YOU GRANT US
5.1 We do not claim any ownership rights in your content that you provide to us in connection with the Services (“Client Content”). However, to provide the Services, we need you to grant us a right to alter, enhance, use and publish the Client Content. As such, you hereby grant to us, our affiliates, providers of third party services, and subcontractors a non-exclusive, transferable, revocable, worldwide license to use the Client Content to the extent necessary to provide the Services.
5.2 In consideration for the provision of InfluencerSEO Services, you grant us the right (1) to access your database via (S)FTP access permissions (2) to log-in to the back end of your WordPress.org site, (3) edit, alter, enhance, change and augment your content, and (3) to allow our employees, affiliates, and partners who will assist in providing the Services to do the same.
PAYMENT.
6.1 You agree that you will pay for the Services upon subscribing to a InfluencerSEO packages by paying a subscription fee, the amount of which is determined by the service plan you choose.
6.2 Your subscription will activate on the first day of the following month from the date you sign up (“the Effective Date”). The term of your subscription will be for one calendar month (“Subscription Period”) which shall automatically renew at the end of each month. You shall, on the Effective Date provide to InfluencerSEO valid, up-to-date and complete payment details. You also agree that to enroll in an automatic payment enrollment process (“AutoPay”) wherein your card will be stored and charged each month on the first of the month until you cancel your subscription.
6.3 Following the Effective Date of your subscription, your payment to InfluencerSEO will be placed on AutoPay unless you cancel your paid subscription via written request to [Info@InfluencerSEO.com] five (5) days before the end of the current Subscription Period.
6.4 InfluencerSEO may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees) that may be accrued by or in connection with your Subscription.
6.5 InfluencerSEO may change the price for the subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
6.6 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT. FAILURE TO RECEIVE TIMELY PAYMENT WILL RESULT IN A SUSPENSION OF SERVICE AND CANCELLATION OF YOUR SUBSCRIPTION.
6.7 If InfluencerSEO has not received payment at the beginning of each Subscription Period, and without prejudice to any other rights and remedies, InfluencerSEO may, without liability to any client cease to perform all or part of the Services until payment is received.
6.8 In the event of clause 6.7, InfluencerSEO shall be under no obligation to provide any or all of the Services during the period of any unpaid Subscription Period.
6.9 Payment processing may be performed and facilitated by a third party, such as STRIPE, which have their own policies and terms in relation to that payment and data. We request that you observe these terms and policies before agreeing to these Terms.
CANCELLATION AND TERMINATION OF SERVICES.
7.1 You may cancel your subscription at any time. To cancel during an existing Subscription Period you MUST CANCEL PRIOR TO FIVE (5) DAYS TO THE END OF THE CURRENT SUBSCRIPTION PERIOD. The cancellation will take effect after the last day of the current Subscription Period, and we terminate your account accordingly.
7.2 If you wish to cancel your subscription, you must contact us with your cancellation request via email at [Info@InfluencerSEO.com].
7.3 You understand and agree that a cancellation of your subscription will not result in a refund of any fees already paid to us and all work that was paid for will be completed to the best of our abilities and control. An inability to perform the Services as a result of the Client’s acts or omissions will NOT result in a refund. If services are not performed due to reasons caused by InfluencerSEO a refund may be issued under the sole discretion of InfluencerSEO after a reasonable review of the issue that arose.
7.4 In the event that you cancel your subscription and re-activate it at a later date, all terms will apply from the date you re-enrolled in your subscription.
7.5 InfluencerSEO at its sole discretion may terminate or suspend your subscription immediately without notice if, in the sole discretion of InfluencerSEO: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, InfluencerSEO’s network, or the use and enjoyment of InfluencerSEO’s other users; (c) InfluencerSEO receives an order from a court to terminate the Service you are availing ; (d) if InfluencerSEO for any reason ceases to offer the Service; (e) if you are no longer InfluencerSEO customer, or (f) InfluencerSEO determines that you are abusing the Service and/or not adhering to the guidance and suggestions provided by InfluencerSEO, and (g) at its discretion.
In the event of any of the examples raised above, InfluencerSEO may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
INTELLECTUAL PROPERTY
8.1 You agree that InfluencerSEO owns all intellectual property rights created in the provision of the Services. InfluencerSEO and its licensors own all right, title, and interest in and to Services and the systems and networks used to provide such Services including all modifications, improvements, upgrades and derivative works. You agree to assign all right, title, and interest you may have in the foregoing to us. Except for the express rights granted herein, we do not grant any other licenses, whether express or implied, to any of InfluencerSEO’s intellectual property including software, services, and products.
8.2 Except as expressly stated herein, these Terms of Service do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
8.3 All InfluencerSEO logos, designs, scripts, reports, insights, tips, tricks and information created during the provision of services, are intellectual property of InfluencerSEO.
8.4 Any use of intellectual property owned by InfluencerSEO may not be used in connection with any product or service without our prior written consent, misappropriation of any intellectual property or trade secrets owned by InfluencerSEO may result in an action for enforcement or in an effort to recover damages. InfluencerSEO reserves the right to pursue a claim from any misconduct or improper dissemination and use of its intellectual property by any Client or third party or affiliate of Client.
MARKETING
9.1 You acknowledge that, from time to time, InfluencerSEO may wish to refer to its relationship with you as a Client in its promotional literature and marketing materials. On acceptance of these terms, you consent to being referenced in such promotional material with the inclusion of images, words and feedback.
9.2 InfluencerSEO reserves the right to include the wording “Optimized by InfluencerSEO” on any members website for the duration of their subscription with InfluencerSEO. The word “InfluencerSEO” shall incorporate a hyperlink to the InfluencerSEO website and the wording as a whole shall be of a reasonable size and be located in a reasonably prominent and unobscured position.
THIRD PARTY PRODUCTS AND/OR SERVICES.
10.1 As part of the Services, InfluencerSEO may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether InfluencerSEO assists you in the acquisition, installation, and/or use of Third Party Software. InfluencerSEO has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
10.2 We may require you to grant us account permissions relating to your blog. For example, we require you to permit access to our contact email address within your Google Analytics account during the onboarding process of your membership. The email address we provide to you may change from time to time and by accepting these terms, you agree to permit us to change this contact email address and add an additional email address without any further reference to you to ensure we can provide our Services in the most efficient way possible.
10.3 It is your responsibility to ensure that providing us with the permission as referenced in clause 10.2 and any other permission relating to a third party account is permissible under any terms you have agreed to relating to that third party account. InfluencerSEO has no responsibility or liability for the terms of use or service, privacy policies, or any practices or agreements of any such third party.
10.4 In the event that you agree to migrate your website, you understand that you will be redirected to third party websites to acquire and use third party products, including plugins and services that are not under the control of InfluencerSEO. Your use of any such third party provider for migration purposes is at your own risk and you acknowledge that InfluencerSEO has no liability arising from your use of such.
10.5 InfluencerSEO would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within our membership and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing InfluencerSEO’s financial relationship with Affiliates, advertisers, sponsors and other third parties that we work with within our membership. In the event that you decide to purchase a product or service recommended by your InfluencerSEO representative, InfluencerSEO may receive additional compensation from that purchase from the Affiliate. Despite the foregoing, InfluencerSEO and our representatives provide our honest opinions and commercial experiences as they relate to the products and services that are recommended.
10.6 InfluencerSEO will perform work on Client’s website/blog and Client agrees and understands that it will not make changes and or alterations to the website/blog and will adequately log and back-up their website so as to avoid any risk in lost data, programming errors, and/or any damage or loss to any information that may be stored on Cient’s website. InfluencerSEO does NOT provide any backup assistance or support and relies on Client to ensure the accuracy and integrity of its content and backups.
INDEMNITY.
11.1 You hereby expressly and irrevocably indemnify and hold harmless InfluencerSEO against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
11.2 You agree that this discharge of liability will apply to InfluencerSEO and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the InfluencerSEO Site and/or InfluencerSEO Services.
11.3 You hereby agree that InfluencerSEO and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
11.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by InfluencerSEO’s gross negligence or for fraud.
11.5 You hereby agree that InfluencerSEO shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
11.6 You agree to indemnify InfluencerSEO against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.
LIMITATION OF LIABILITY.
12.1 InfluencerSEO shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
12.2 INFLUENCERSEO MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
FORCE MAJEURE.
13.1 InfluencerSEO shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
CHANGES TO OUR TERMS.
14.1 It is at the sole discretion of InfluencerSEO to modify or replace the terms at any time. InfluencerSEO will notify you of any modification to our Terms via email correspondence or with a clear notification upon your visit to our Site. You are responsible for reviewing our Terms upon notification of any change and continuing use of our Services shall constitute your acceptance of these Terms.
DISPUTE RESOLUTION AND BINDING ARBITRATION
15.1
- YOU AND INFLUENCER INDUSTRIES, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR INFLUENCER INDUSTRIES, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If you would like to Opt-Out of the Arbitration Agreement, please contact us within thirty (30) days of your purchase at info@influencerseo.com so that we may accept your decision to opt-out. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
MISCELLANEOUS.
16.1 These Terms apply to the use of our Services and do not create any agency, employment, partnership or joint venture, or employment with any person or persons who agree to be bound by them.
16.2 InfluencerSEO shall not be liable for any failure to perform its obligations under these Agreements in circumstances beyond reasonable control. We accept no responsibility for any electronic, server or communications failure.
16.3 If any provision of our Agreements are found to be unenforceable or unreasonable, that provision shall be limited or excluded to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
16.4 InfluencerSEO may assign this agreement or any part of them, and InfluencerSEO may delegate any of its obligations under the agreement. You may not assign the agreement or any part of them, nor transfer or sublicense your rights under the agreement, to any third party.
16.5 The Terms shall be governed by and construed in accordance with the laws of the State of California of the United States of America. By accepting these Terms, you and we both agree to the exclusive jurisdiction of County of San Diego, State of California.
16.6 Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
