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Incredible delivery terms
Google 1st page guarantee!
(or you don't pay)
Surprisingly affordable prices
Effective SEO and promotion


"... Experienced team, solid deivery, realiable performance..."
Sylvia Amlaw, Revenue Director
Safety Harbor Resort and Spa, FL

"... Outstanding results, BTM helped us to achieve new heights
in visual merchandising ..."
Anthony Fusco, Visual Merchandising Director,
MACY's Inc, NY

"... It was a great experience for us to work with such
a professional team. Definitely one of the best web-development
teams that we have ever worked with..."
Anna Gromnitskaya
Client Relations Department
STS TV-Network, Moscow, Russia
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BTMTeam.net SEO Service Agreement &
Terms and Conditions
PLEASE READ THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS
CONTAINED HEREIN CAREFULLY. THIS AGREEMENT AND THE TERMS AND
CONDITIONS CONTAINED HEREIN MAY HAVE CHANGED SINCE YOUR LAST
VISIT TO THIS WEB SITE AND TO THE PRODUCTS. YOU AGREE TO CHECK
FOR UPDATES TO THIS AGREEMENT AND TO THESE TERMS AND CONDITIONS
OF USE. BY USING THIS WEB SITE, THE PRODUCTS, OR SERVICES, YOU
INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND THE TERMS AND
CONDITIONS CONTAINED HEREIN. IF YOU DO NOT ACCEPT THIS AGREEMENT
AND THE TERMS AND CONDITIONS CONTAINED HEREIN, THEN DO NOT USE
THIS WEB SITE, THE PRODUCTS, OR THE SERVICES. THIS AGREEMENT
AND THE TERMS AND CONDITIONS CONTAINED HEREIN CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. YOU ARE
HEREBY ADVISED TO SEEK THE ADVICE OF COMPENTENT LEGAL COUNSEL
PRIOR TO MAKING A LEGALLY BINDING CONTRACT AND AGREEMENT, TO
DISCUSS THIS SPECIFIC AGREEMENT AND ALL OF THE TERMS AND CONDITIONS
CONTAINED HEREIN AS THEY RELATE TO YOUR LEGAL RIGHTS AND OBLIGATIONS.
This is an Agreement and binding contract between you, herein
known as "You", "Your", "User",
"Credit Card Holder" "Website Owner", and
BTM Team, USA, Inc., herein known as "BTM Team", “WOW-Tours
"WE" or "BTM". It governs your use of BTM's
tools, products, and or services (collectively called the "Service").
BTM Team OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE
WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE
IN ANY FORM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS
AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND
AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS
OF OUR BARGAIN. This Agreement constitutes the entire and exclusive
agreement between the parties with respect to the subject matter
hereof and supersedes and replaces any other agreements, terms
and conditions applicable to the subject matter hereof. The
current version of this Agreement may be found at BTM Team's
Web site at http://www.BTMteam.net/seo_terms.html. Please read
this Agreement and the Terms and Conditions contained herein
carefully.
1. SERVICE
1.1. By completing the enrollment process to become a subscriber
of the Service or by placing an order for any Service using
any method including but not limited to ordering online, ordering
telephonically, ordering by fax, or by using the Service, or
software provided by BTM ("Software") other than to
read this Agreement, you agree and have agreed to accept all
of the terms of the Agreement (including the Guidelines and
the Privacy Statement, the No Refunds Policy, and the Automatic
Renewal Policy) as if you had signed it. If you were, have been,
or will be, sent an Agreement requesting you to review and sign
said agreement for any BTM services and you have not returned
or will not return said agreement signed with your signature,
you hereby acknowledge and agree that even without your signature
on said agreement, that you remain fully bound by any and all
terms and conditions contained herein and that by not signing
the agreement sent you does not under any circumstances nullify
or modify the terms and conditions contained herein which you
hereby acknowledge and agree to be bound. BTM may change this
Agreement at any time; such changes will be effective immediately
upon transmission of notice by e-mail, postal mail, posting
on the BTMTeam.net Web site or any other means. Each time you
use the Service reaffirms your acceptance of the then-current
Agreement. If you do not wish to be bound by this Agreement,
you may discontinue using the Service and the Software and immediately
terminate your account as set forth below subject to BTM's No
Refunds Policy.
If you are agreeing to these Terms on behalf of a business or
organization, you represent and warrant that you have the legal
authority to bind that business or organization to this Agreement
and to the Terms and Conditions contained herein, and your agreement
to them will be treated as the Agreement of the business or
organization in which case the terms "you", "your"
or “User” shall refer to such business or organization.
If, after your agreement to this Agreement and to the Terms
and Conditions contained herein, BTM finds that you do not have
the legal authority to bind such business or organization, you
are hereby advised, you hereby acknowledge, and you hereby agree
that you will be personally, legally, and financially responsible
for any and all obligations contained in these Terms and Conditions,
including but not limited to all payments for any Service ordered
by you, and for any costs incurred by BTM to collect said payment
including but not limited to any cost or fees incurred by or
from a collection agency, legal representation, and all court
costs plus any additional damages, fees, interest, or costs
as allowed by a court of law. BTM shall not be liable for any
loss or damage resulting from BTM’s reliance on any instruction,
notice, document or communication reasonably believed by BTM
to be genuine and originating from an authorized representative
of your business or organization. If there is reasonable doubt
about the authenticity of any such instruction, notice, document
or communication, BTM Team reserves the right (but undertakes
no duty) to require additional authentication from you.
Where there exists a separate signed agreement between the parties
with respect to one or more services being offered by BTM, by
the mention of said agreement herein, the full terms, conditions,
and obligations acknowledged, accepted, and agreed upon in said
separate agreement as shown by the signatures of both parties
to the agreement, shall remain binding upon the parties thereto
and shall have the full force and effect as if fully set forth
herein including BTM's No Refunds Policy and Automatic Renewal
Policy.
1.2. Please refer to your initial sign up communications, if
any, for specific information with respect to your service level.
BTM may discontinue or alter any service level or aspect of
the Service at any time, without notice, without liability and
in BTM's sole discretion.
1.3. Due to the uncertainties of the actual delivery of email
via the Internet, any and all email notifications sent you by
us as a notification of your site(s) having been submitted to
the search engines are specifically mentioned herein as NOT
being any part, integral or otherwise, to the actual submission
services you may have or will have purchased from BTM. Therefore,
any failure by you to receive any or all email notification
sent by us with regard to your websites actual submission or
any processes involving BTM’s Service, DOES NOT constitute
any type of breach on the part of BTM and therefore does not
constitute a cause of action, cancellation, or refund.
2. YOUR OBLIGATIONS
2.1. You agree to provide BTM with accurate, current and complete
information, to the extent required by BTM Team for your registration
as a subscriber of the Service or at any time thereafter, and
to maintain and to update this information as required to keep
it accurate, current and complete including keeping BTM updated
with working email address. You agree in your enrollment and
in your use of the Service not to impersonate any other person
or entity, and you represent that you are either 18 years of
age or older, and are competent and have the authority to enter
into such an agreement on behalf of yourself, your client, or
your business, company or organization.
2.2. You are responsible and liable for any activity by any
person who uses your account with the Service. Other users of
your account will be bound by this Agreement as if they were
you. You are responsible for maintaining the confidentiality
of your password, if any, and for any liability resulting from
disclosure of your password. You agree that, upon becoming aware
that your password or account is (or possibly is) being used
without authorization, you will immediately change your password
and notify BTM by sending e-mail to info@BTMteam.net.
2.3. You are responsible for obtaining and maintaining the equipment
and telephone services necessary to access and use the Service.
2.4. You agree in using the Service to comply with BTM's Guidelines
for Acceptable Use.
2.5. You are solely responsible for implementing or causing
the implementation of any recommended SEO changes to your website
(or if you are a broker or website programmer, then to your
clients website) be they recommended by BTM or any other party.
However, you are not compelled to do so and the choice to implement
any recommended changes is at your discretion. It should be
noted that in either case, BTM is not responsible for any eventual
outcome as to any results of any kind be they positive or negative,
with regard to financial, search engine positioning or inclusion,
backlinking acceptance or number thereof, the inclusion or lack
thereof of the subject website in any search engines or directory,
or any other form of measurement or performance.
2.6. If you are selling or reselling any BTM service or services,
to any third party, be it a BTMTeam.net or “WoW-Tours”
Branded Product, or one that is White Labeled and does not bear
the name of BTM Team or “WOW-Tours”, you hereby
acknowledge that BTM has not, will not, and does not make any
guarantee or representation to you, your prospect, or your client
as to any outcome from the use of said service including but
not limited to financial, positioning, backlinks or otherwise.
You agree that you are solely and exclusively responsible and
liable for any and all claims, assurance, or promises made by
you, express or implied, to any prospect, client or customer
of yours with regard to said service and that you have not and
do not have the authority to act on behalf of, or to obligate
BTM in any manner or form. You are fully and exclusively responsible
for any present or future liability of any kind which may be
claimed, charged, or levied against you by your customer or
third party. You hereby acknowledge that BTM, its Employees,
Officers, Directors, Shareholders, Affiliates, Agents, Representatives
or Licensors, is and are expressly and completely released from
any liability of any kind to you, your prospect, your client,
or any third party for any claims, financial or otherwise, that
arise from your discussion, offering, reselling, or ordering
of any BTM service on your behalf or on the behalf of your prospect
or client. You further acknowledge and agree that as a seller
or reseller of any BTM Team Service that you are hereby bound
by all of the Terms and Conditions contained herein. You further
agree that any claims made against you by your prospect or customer
that said claim does not constitute a breach by BTM and that
you are exclusively and fully responsible for any claims be
it financial or otherwise made against you by any third party.
You further agree that if you have purchased a BTMTeam.net service
directly from us, even if for resale, and if resold that you
are our customer and as such agree to all of the Terms and Conditions
contained herein including BTM's NO REFUNDS POLICY regardless
of any results obtained with regard to any outcome as it relates
to the services provided by BTM be it for a website owned or
operated by you or by your prospect or customer.
3. CONTENT
3.1. You acknowledge that information, communications, photographs,
video, graphics, software, music, sounds and other materials
may be accessible to you through your use of the Service. You
acknowledge that, as a matter of policy, BTM does not pre-screen
such materials, but that BTM has the right (but not the obligation)
to remove from its computer servers materials (including, without
limitation, materials created, posted, uploaded or transmitted
by you) that BTM Team, in its sole discretion, determines to
be in violation of the Guidelines. You further acknowledge,
however, that BTM does not have the capability to monitor, review,
restrict, edit or remove materials made available by third parties
on the Internet, and you agree that you must evaluate, and bear
all risks associated with, the use of any materials, including
any reliance on the accuracy, completeness, or usefulness of
such materials. The fact that BTM provides a link to a particular
Web page is not an indication that we endorse that site's policies
or the content or products available from that particular site.
3.2. You acknowledge that materials available through the Service
may be protected by copyright, trademarks, and other intellectual
property rights. You agree that your use of such materials is
governed by all applicable laws and regulations, and by any
further restrictions placed on such materials by their owners
or licensors.
3.3. You acknowledge that the Service may provide certain public
areas (e.g. message boards, newsgroups, forums, and public mailing
lists), and that BTM is a distributor (and not a publisher)
of information disseminated by persons using the Service. By
posting, uploading or transmitting material to any such area,
you are requesting BTM and/or its partners to make such material
available to others, and you are acknowledging that placing
such material in a public area will result in copies of such
material being transmitted to others. By posting, uploading
or transmitting material to any public area, you (i) grant to
BTM and/or its partners a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive license (including the waiver of
any moral rights) to use, reproduce, modify, adapt, publish,
distribute, display, and create derivative works from, such
material (in whole or in part) and to incorporate it into other
works in any form, media or technology (whether now known or
later developed) and (ii) warrant that the owner of any rights
in the material, including intellectual property and moral rights,
has waived such rights and has given you the right to grant
the license described above.
4. SOFTWARE LICENSE
4.1. As between BTM and you, the BTM Services shall remain the
sole and exclusive property of BTM Team and/or its suppliers,
including, without limitation, Source Code, copyrights, trademarks,
patents, trade secrets, and any other proprietary rights. Nothing
in this Agreement shall be construed to grant you any ownership
right in, or license to BTM's Internet sites and/or BTM Services,
software or equipment. BTM, at its sole discretion and without
any obligation to provide notice to you or any other party may,
from time-to-time, change the software, vendors, and or methodology
used to perform said services. BTM specifically withholds any
right to view any method, procedure, list of sites used, locations,
back link locations etc. Entering into this agreement does not
provide you access to areas as mentioned herein which BTM considers
to be confidential or trade secret to BTM. Any refusal by BTM
to provide you access to any of the above items does not constitute
a breach of this Agreement, Terms and Conditions.
4.2. You agree not to translate, reverse engineer, reverse compile,
disassemble or make derivative works from 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
or disabling features of the Software or Service. Except as
may be permitted by BTM, you agree not to access the Service
by any means other than through the interface that is provided
by BTM Team or its partners for use in accessing the Service.
4.3. You acknowledge that BTM and its suppliers retain all title,
rights (including, without limitation, intellectual property
rights) and interest in the Software, except as expressly licensed
in this Agreement. All rights in the content, information and
materials accessed through use of the Software are the property
of the applicable content owner and may be protected under intellectual
property and other applicable laws. You agree that BTM's suppliers
are direct and intended third party beneficiaries of this Agreement.
5. FEES
5.1 NO REFUNDS:
BE ADVISED: BTM Team, WOW-Tours, BTMTeam.net HAS A NO REFUNDS
POLICY.
BTM Team, WOW-Tours, BTMTeam.net HAS HAD AND CONTINUES TO HAVE
A NO REFUNDS POLICY WITH REGARD TO ANY AND ALL TRANSACTIONS
BE IT CREDIT CARD, CASH, CHECK, MONEY ORDER, OR WIRE TRANSFER.
ALL SERVICES PROVIDED BY BTM ARE PROVIDED UNDER THE CONDITION
AND UNDERSTANDING THAT BTM HAS A NO REFUNDS POLICY. THEREFORE,
ANY AND ALL REQUESTS FOR REFUNDS BE IT FOR PARTIAL OR FULL REFUND
WILL NOT BE HONORED. BY YOUR ACTION TO PLACE AN ORDER FOR ANY
BTM SERVICE OR SERVICES, REGARDLESS OF THE FORM, MANNER OR PROCESS
USED BY YOU TO PLACE SAID ORDER, SHOWS YOUR FULL ACKNOWLEDGEMENT
AND COMPLETE AGREEMENT TO BE BOUND BY BTM'S NO REFUNDS POLICY.
BTM NO REFUNDS POLICY INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:
SERVICES RENDERED, OR YET TO BE RENDERED, FOR ANY AND ALL PROGRAMMING,
SEO SERVICES, MODIFICATIONS, REPORTING, WEBSITE HOSTING, PPC
(PAY PER CLICK) COSTS, SETUP FEES OF ANY KIND, MANAGEMENT FEES
OF ANY KIND, CONSULTING FEES, ANY AND ALL SERVICES RELATING
TO MEDIA PRODUCTION KNOWN AS WEBCASTS OR THE PROGRAMMING OR
IMPLEMENTATION OF SAID WEBCAST, TRAVEL, OR ANY OTHER COSTS OR
FEES RELATED THERETO WHICH YOU HAVE CONTRACTED WITH BTM, PURCHASED
FROM BTM, OR ORDERED FROM BTM INCLUDING ANY PREPAYMENT FEES
OR COSTS PAID FOR SERVICES BEYOND THE INITIAL TERMS WORTH OF
SERVICE ORIGINALLY PURCHASED. THIS INCLUDES ANY AND ALL SERVICES
OR PRODUCTS PROVIDED TO BTM BY THIRD PARTY SUPPLIERS OR VENDORS.
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WHEN YOU PLACE OR
PLACED AN ORDER WITH BTM FOR ANY SERVICES FROM BTM, THAT BTM'S
STAFF AND VENDORS IMMEDIATELY BEGIN INCURRING COSTS BY RESEARCHING
THE CLIENT'S WEBSITE, PROGRAMMING CODE, COMPETITORS WEBSITES,
SEARCH ENGINES, SEARCH ENGINE DATABASES, ETC. IN AN EFFORT TO
BE ABLE TO BETTER PROVIDE YOU WITH THE SERVICES YOU HAVE ORDERED,
SUCH AS BUT NOT LIMITED TO, SEO (SEARCH ENGINE OPTIMIZATION),
PPC PAY-PER-CLICK SERVICES, PROGRAMMING, WEBCAST PRODUCTION,
SCRIPT WRITING, INTERACTIVE MULTIMEDIA VIRTUAL TOUR PRODUCTION,
SITE ANALYSIS, ADVANCED ANALYSIS SERVICES, AND MORE. THE WORK
AND RESEARCH MENTIONED WITHIN THIS PARAGRAPH IS CONSIDERED BY
BTM AND ACKNOWLEDGED AND AGREED BY YOU THAT THEY ARE AN INTEGRAL
PART OF THE SERVICES BEING OFFERED BY BTM AND ARE BEING PERFORMED
FOR YOU CONDITIONED UPON YOUR ACKNOWLEDGEMENT AND ACCEPTANCE
OF THE FACT THAT BTM HAD, AND HAS, A NO REFUNDS POLICY AND THAT
YOU AGREE TO ABIDE BY THAT POLICY. BY YOUR PLACING ANY ORDER,
REGARDLESS OF THE METHOD USED BY YOU TO PLACE SAID ORDER WITH
BTM, YOU ARE ACKNOWLEDGING THAT YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS CONTAINED HEREIN AND SPECIFICALLY BTM'S
NO REFUNDS POLICY.
BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS MENTIONED ABOVE
AND CONTAINED WITHIN BTM'S TERMS AND CONDITIONS, YOU ARE HEREBY
MAKING THE FOLLOWING STATEMENT AND ARE HEREBY GIVING US UNRESTRICTED
PERMISSION TO USE IT IN ANY COMMUNICATIONS WHICH WE MAY HAVE
WITH YOUR BANK OR OTHER FINANCIAL INSTITUTION, OR COURT OF LAW,
TO PROTECT OUR INTERESTS WITH REGARD TO CHARGEBACKS OR REFUNDS
WITH REGARD TO SERVICES THAT BTMTEAM.NET, BTM, WOW-Tours, OR
BTM Team, USA, Inc. HAS PROVIDED, PROVIDES, OR WILL PROVIDED
YOU:
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TO MY BANK, CREDIT CARD COMPANY OR OTHER FINANCIAL INSTITUTION:
SIRS: I REPRESENT THAT AT THE TIME OF MY PURCHASE OF SERVICES
FROM BTMTEAM.NET, BTM, WOW-Tours, OR BTM Team, USA, Inc., THAT
I WAS AUTHORIZED TO USE AND AM THE HOLDER OF THE CREDIT CARD
OR THE BANK ACCOUNT USED TO PURCHASE SERVICES FROM BTM. THAT
I AM HEREBY HIRING OR HAVE HIRED BTM TO RENDER A SPECIFIC SERVICE(S)
FOR ME INVOLVING BUT NOT LIMITED TO MY WEBSITE, SEARCH ENGINES,
SEO SERVICES, AND MEDIA PRODUCTION. I HEREBY ACKNOWLEDGE THAT
AS A RESULT OF MY HIRING BTM FOR THIS SERVICE(S) THAT BTM IS
IMMEDIATELY INCURRING COSTS AND EXPENSES RELATING TO THE PROCESSES,
PROGRAMMING, PRODUCTION, AND PROCEDURES REQUIRED TO PERFORM
THE REQUESTS MADE BY ME AS CONTAINED HEREIN. I FURTHER UNDERSTAND
AND ACKNOWLEDGE THAT BTM HAS ENTERED INTO THIS AGREEMENT 100%
CONDITIONED AND CONTINGENT UPON MY ACKNOWLEDGEMENT AND AGREEMENT
AS SHOWN BY MY ACCEPTANCE OF THESE TERMS AND CONDITIONS AND
BY MY PLACEMENT OF AN ORDER FOR SERVICES WITH BTM THAT BTM HAS
A "NO REFUNDS POLICY" AND THAT I HEREBY AGREE THAT
I SHALL IN NO WAY INSTRUCT YOU, MY BANK, CREDIT CARD COMPANY,
FINANCIAL INSTITUTION, OR COURT OF LAW TO INTERFERE WITH PAYMENT
IN ANY FORM INCLUDING ISSUING INSTRUCTIONS TO REVERSE SAID PAYMENT
IN ANY MANNER INCLUDING BUT NOT LIMITED TO CHARGE BACKS TO BTMTEAM.NET,
BTM, WOW-Tours, OR BTM Team, USA, Inc. FOR THE SERVICES MENTIONED
HEREIN, THE RENEWAL THEREOF, AND OR FOR ANY OTHER FUTURE BUSINESS
ACTIVITIES WITH BTM. IF I MAKE ANY ATTEMPT TO CAUSE A REVERSAL
OR CHARGE BACK OF THE SUMS MENTIONED HEREIN OR FOR ANY FUNDS
RELATING TO ANY FUTURE TRANSACTIONS INVOLVING BTM INCLUDING
BUT NOT LIMITED TO CREDIT CARD PURCHASES, PAYMENT BY CHECK,
AND WIRE TRANSFERS, THEN BTM HEREBY HAS MY PERMISSION TO PRESENT
THIS AGREEMENT AND SPECIFICALLY THIS CLAUSE TO MY BANK, FINANCIAL
INSTITUTION, OR COURT OF LAW, AS PROOF OF MY AGREEMENT TO THE
ESTABLISHED NO REFUNDS POLICY OF BTM TO WHICH I HAVE AGREED
TO HEREBY AND THAT BY THE PRESENTMENT OF THIS AGREEMENT TO MY
BANK, FINANCIAL INSTITUTION, OR COURT OF LAW, THAT I AM HEREBY
INSTRUCTING THEM TO MAKE NULL AND VOID ANY PAST, PRESENT, OR
FUTURE REQUESTS BY ME FOR REFUNDS OR CHARGE BACKS OF ANY KIND
RELATED HERETO OR TO FUTURE TRANSACTIONS WITH BTM AND THAT ANY
ATTEMPTS TO CAUSE A REVERSAL OR CHARGE BACK SHALL IMMEDIATELY
CEASE AND, IF ALREADY MADE, SHALL BE REVERSED WITHOUT FURTHER
INSTRUCTIONS ON MY PART AND I HEREBY RELIEVE THE BANK OR FINANCIAL
INSTITUTION OF ANY FUTURE OBLIGATION WITH THIS REGARD.
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5.2. AUTOMATIC RENEWALS:
You are hereby advised, you hereby acknowledge, and you hereby
agree, accept, and are hereby bound by BTM's Automatic Renewal
Policy which states and includes, but is not limited to, the
following Items 5.2.1 through 5.2.8 inclusive as shown below:
5.2.1 Renewal Term:
Annual Renewals:
For any BTM Service provided you that has a term of one year,
the first one year term shall be known as the "Initial
Term." At the end of the Initial Term, said Service shall
automatically renew without notice. Once renewed, each year
term subsequent to the initial term shall be known as a “Renewal
Term.” Each Renewal Term shall also automatically renew
at the expiration of its term without any notice required.
Monthly Renewals:
For any BTM Service provided you that has a term equal to one
month, the month's term, once started shall be known as the
"Initial Term." At the end of the Initial Term, said
Service shall automatically renew without notice. Once renewed,
each month term subsequent to the initial term shall be known
as a “Renewal Term.” Each Renewal Term shall also
automatically renew at the expiration of its term without any
notice required.
5.2.2 Your Authorization To BTM To Automatically Renew BTM Service:
You are herein and hereby instructing, fully authorizing, and
giving BTM your unrestricted and unconditional permission to
charge your credit card, or other form of payment method on
file with BTM, at some future date, and in a dollar amount then
required, to automatically renew any BTM Service being provided
you, the credit card holder, be it for the renewal of an Initial
Term or the renewal of a Renewal Term of Service provided you
by BTM.
5.2.3 Your Authorization As To When BTM May Charge Your Credit
Card Or Other Form Of Payment:
You, the credit card holder, are hereby acknowledging, instructing,
fully authorizing, and giving unrestricted and unconditional
permission to BTM, to charge your credit card, or other form
of payment method on file with BTM, to perform an automatic
renewal of any BTM Service being provided you, and to charge
your credit card or other form of payment for said automatic
renewal at anytime up to and including a 30 day period prior
to the actual expiration of any term of Service be it the Initial
Term or a Renewal Term, or at a later date beyond the actual
expiration date of any term, without any further authorization
required by you. The actual date BTM elects to renew said Service
is to be determined exclusively by BTM as long as the renewal
thereof does not occur prior to 30 days before the actual expiration
of said Service term be it for the renewal of an Initial Term
or the renewal of a Renewal Term.
You hereby acknowledge and agree that BTM may participate in
“recurring billing programs” or “account updater
services” supported by your credit card provider (and
ultimately dependent on your bank’s participation). If
the Services provided you by BTM are set to automatically renew
and we are unable to successfully charge your existing Payment
Method, your credit card provider (or your bank) may notify
us of updates to your credit card number and/or expiration date,
or they may automatically charge your new credit card on our
behalf without notification to us. In accordance with recurring
billing program requirements, in the event that we are notified
of an update to your credit card number and/or expiration date,
BTM will automatically update your payment profile on your behalf.
BTM makes no guarantees that we will request or receive updated
credit card information. You acknowledge and agree that it is
your sole responsibility to ensure that your associated Payment
Method(s) are current and valid. Further, you acknowledge and
agree that your failure to do so, may result in the interruption
or loss of Services, and BTM shall not be liable to you or any
third party regarding the same.
5.2.4 IMPORTANT INSTRUCTIONS ON
HOW TO PREVENT AN AUTOMATIC RENEWAL:
If it is your desire to prevent an Automatic Renewal of any
BTM Service, be it a renewal for an Initial Term or a Renewal
Term, you must provide BTM Team written instructions not to
perform said Automatic Renewal. Said written instruction must
be delivered utilizing one of the following methods; via email
to info@btmteam.net, or via the Unites States Postal Service
mailed to: BTM Team, USA, Inc, 405 S Dale Mabry HWY #243, Tampa,
FL 33609, or via facsimile to BTM at 813-835-0879. Any other
form of communication used to convey your instructions not to
Automatically Renew, including instructions from you telephonically,
are not an acceptable form of instruction to prevent an Automatic
Renewal of any BTM Service being provided you. (See important
deliver information below)
IN ORDER TO HAVE A VALID INSTRUCTION FROM YOU TO NOT AUTOMATICALLY
RENEW, ALL THREE CONDITIONS BELOW MUST BE MET;
1) You must have delivered, or cause to have been delivered,
your written instructions to BTM not to Automatically Renew,
prior to 30 calendar days preceding the expiration date of any
BTM Service being provided you AND;
2) BTM must have RECEIVED said written instructions, not to
Automatically Renew, PRIOR TO 30 CALENDAR DAYS PROCEEDING THE
EXPIRATION DATE of any BTM Service being provided you, AND;
3) The contents of said written instruction must contain your
specific request to BTM, not to automatically renew any Initial
Term or Renewal Term of any BTM Service being provided you.
5.2.5 Your Authorization And Instruction
To Your Bank, Credit Card Company, Or Financial Institution
To Allow BTM to Automatically Renew:
You are hereby authorizing BTM to provide any portion of this
Agreement including the contents of 5.2.1 through 5.2.8 inclusive,
to your bank, credit card company, or other form of financial
institution or company, as confirmation of your unconditional
authorization to BTM to Automatically Renew any BTM Service
being provided you. BTM may include the following statement
which you are directing to the attention of, and is your instruction
to, your credit card company, bank, or financial institution,
and shall provide proof of your intent, unconditional authorization
and permission to BTM to charge your credit card as follows:
The following paragraph contains instructions and authorizations
and is written in the First Person as if written directly by
the Credit Card Holder and is legally binding upon the Credit
Card Holder as if personally hand written and signed by the
Credit Card Holder and personally delivered by the Credit Card
Holder to BTM and or to The Credit Card Holder's bank, credit
card company, or financial institution:
"To BTM and to my bank, credit card company, or financial
institution: I, the credit card holder mentioned within this
Agreement as the "Credit Card Holder" am herein and
hereby instructing, fully authorizing, and giving my unrestricted
and unconditional permission to BTM to charge my credit card,
or other form of payment method on file with BTM, at some future
date, and in a dollar amount then required, to automatically
renew any BTM Service being provided me, the credit card holder,
to pay for a renewal of an Initial Term or a renewal of a Renewal
Term of Service provided me by BTM and that I, as the credit
card holder, do hereby give you, my bank, credit card company
or financial institution, my unrestricted authorization, permission,
and instruction to process, to honor, and to pay BTM, such future
charge to my credit card as requested or processed by BTM or
BTM's credit card processor. In following these instructions
and authorization made by me, you, my bank, credit card company,
or financial institution, are hereby relieved from any and all
future liability involving any payment made to or requested
by BTM to renew said Services. It is agreed that I shall not
instruct you, as my bank, credit card company, or financial
institution, to cause, create, or to perform any credit or chargeback
or to interfere with any charges made on my credit card by BTM
to renew said services being provided me. I hereby acknowledge
that BTM has a No Refunds policy and I shall unconditionally
abide by its terms."
5.2.6 You Agree Hereby Not To Interfere With Any Payment For
Any Automatic Renewal:
Unless you have given written notice to BTM, as mentioned above
in item 5.2.4, not to Automatically Renew any BTM Service being
provided you prior to 30 calendar days preceding the expiration
date of any BTM Service being provided you and, BTM has received
said written notice prior to 30 calendar days preceding the
expiration date of any BTM Service being provided you, in which
the contents of said written notice contains your instructions
to BTM not to automatically renew any BTM Service, then you,
the credit card holder, having herein acknowledged, instructed,
fully authorized, and giving your unrestricted and unconditional
permission to BTM to charge your credit card or other form of
payment method on file with BTM, to perform any automatic renewal
of any BTM Service being provided you, hereby agree without
any limitation or restriction that you will not and shall not
under any circumstances interfere with any charge, future charge,
payment or future payment which has or will be charged by BTM,
including, but not limited to, the initiation of any form of
chargeback or credit, for any automatic renewals of any BTM
Service being provided you. Further, you hereby reaffirm and
again acknowledge and agree to be bound by any and all terms
and conditions stated within this agreement regarding the terms
and conditions of any payment for any BTM Service and hereby
reaffirm that you acknowledge and agree to be bound by BTM's
No Refunds Policy as mentioned within this agreement and in
items 5. and 5.1 above which states in part that BTM has a No
Refunds policy and therefore will not, and does not, make any
refunds of any kind for and including any initial sale of an
BTM Service or the Automatic Renewals of either the Initial
Term or Renewal Term of said BTM Service, and that you will
not initiate such action to cause a cancellation of or a chargeback
of any charges placed on your credit card by BTM for processing
the renewing of said services.
5.2.7 No Notice Required:
You hereby acknowledge and agree that BTM is not required, and
is under no obligation, to provide you any form of notice of
any kind that BTM shall be, or is about to be, or is in the
process of Automatically Renewing the BTM Services provided
you, and that your credit card or other form of payment on file
with BTM is about to be charged, or is being charged, a sum
of money in an amount required to perform said Automatic Renewal.
BTM's sole responsibility to you with regard to said Automatic
Renewal is, once renewed, to provide you the BTM Services which
have been renewed and to send you a receipt, via email, showing
that BTM is in receipt of funds in the appropriate amount required
to perform the Automatic Renewal of said Services.
5.2.8 If you have ordered and prepaid for services covering
a time frame which exceeds a one year period, then your full
term of service is thereby set to be the total time for which
you have prepaid; e.g. purchasing two one-year-terms of a specific
service purchased at or about the same time creates one transaction
covering a two year term, known as the Initial Term; purchasing
three one-year-terms of a specific service purchased at or about
the same time creates one transaction covering a three year
term known as the Initial Term etc. The combined initial term,
once renewed shall be known as a "Renewal Term." All
terms be it one year or longer are governed by all Terms and
Conditions contained herein including BTM's No Refund Policy.
5.3. As a subscriber of the Service you are solely responsible
for any charges to your account and any activities conducted
through your account. By using a credit card or other payment
method to pay for any billable portions of the Service, you
expressly authorize BTM or its agents to charge all fees and
other charges incurred in connection with your service to the
credit card or other payment method you have designated, and
such authorization will remain valid unless revoked by you pursuant
to Section 5.1. If you use a credit card and BTM does not receive
payment from the card issuer or its agents, you agree to pay
all amounts due upon demand by BTM. Any and All Fees are non-refundable.
5.4. You may change your designated payment method by contacting
BTM via email at info@btmteam.net or by calling the BTM customer
service number (which is 813-679-4476 as of the date of this
Agreement). BTM reserves the right to accept other forms of
payment or to modify the forms of payment it will accept. If
BTM elects to authorize alternative or additional methods of
payment, your designation of such a method of payment will be
deemed to be an authorization to BTM to bill you, in a manner
appropriate to your designated payment method, for all fees
and other charges incurred in connection with your service.
5.5. If BTM initiates collection proceedings to collect any
funds due it, you will be liable for any and all attorney and
collection fees arising out of BTM's efforts to collect any
unpaid balance of your account. If you believe that a billing
discrepancy has occurred, you must notify BTM within 90 days
after the date of the relevant account statement from your credit
card issuer or financial institution or such amounts will be
deemed to have been accepted by you. You agree to release BTM
from any liability for any error or discrepancy that is reported
to BTM after such period.
5.6. As mentioned in items 5.2 through 5.2.8 inclusive, you
agree that BTM will automatically renew your subscription to
BTM's Products or Services or any portion thereof and automatically
charge you the then-current renewal fees for such renewed subscription
using the credit card associated with your subscription, unless
terminated by BTM or until you notify BTM of your decision to
terminate your subscription to a portion of the Service following
the required procedure mentioned above in item 5.2.4. BTM reserves
the right at any time to change its fees and charges for use
of portions of the Service, to institute new or additional fees,
and to change its policies, methods, and procedures with respect
to pricing, billing, cancellations, and surcharges. Although
BTM expects to provide e-mail or other notice to you prior to
increasing the price you pay for the Service, BTM shall not
be required to do so before making any of the changes described.
You may obtain current pricing information for different service
levels, as well as information about policies, methods and procedures
with respect to pricing, billing, cancellation and surcharges
(i) by calling the BTM customer service number (which is 813-679-4476
as of the date of this Agreement), (ii) through BTM's Web site,
or (iii) by sending e-mail to info@btmteam.net. BTM may modify
the means of accessing rates and billing information in its
sole discretion.
5.7. In addition to fees for your subscription to any billable
portion of the Service, you agree to pay all sales, use, value-added,
personal property or other governmental taxes or levies imposed
on fees for the Service or goods or services that you purchase
through the Service.
5.8. BTM is not responsible, financially
or otherwise, for any and all costs or expenses incurred by
you, that your or any bank, financial institution, or credit
provider may charge or attempt to charge you or expenses incurred
by you or your company resulting from (e.g., for overdrawn accounts,
exceeding credit card limits, increase in interest rates, etc.)
resulting from charges billed by BTM during the initial purchase
of or for any renewals thereof of any Service provided by BTM.
5.9. You agree to pay any fees due for Services
purchased from BTM at the time you order the Services. All fees
are non-refundable as stated above in BTM's NO REFUNDS POLICY
even if your Services are suspended, terminated, or transferred
prior to the end of the Services term. BTM expressly reserves
the right to change or modify its prices and fees at any time
and such changes or modifications shall be effective immediately
upon the earlier of (i) our sending an email notification to
you advising you of such changes or modifications or (ii) your
electronic acceptance of this Agreement after such changes or
modifications have been made.
Payment may be made by you by providing a valid credit card,
wire transfer, a personal or business check, (each, a “Payment
Method”). Your Payment Method on file must be kept valid
if you have any active services being provided by BTM.
If you signed up for a monthly payment plan, your monthly billing
date will be determined based on the day of the month you purchase
the Services unless that date falls on February 29th, in which
case your billing date will be the 28th of February. BTM will
automatically renew your Services when they come up for renewal
and will take payment from the Payment Method you have on file
with BTM at BTM’s then current rates unless you have a
pre-arranged written agreement with BTM to lock in your price
for a particular product for a set number of months.
If you signed up for an annual (or longer) payment plan, BTM
will automatically renew your Services when they come up for
renewal and will take payment from the Payment Method you have
on file with BTM at BTM’s then current rates unless you
have a pre-arranged written agreement with BTM to lock in your
price for a particular product for a set number of years.
If for any reason BTM is unable to charge your Payment Method
for the full amount owed BTM for the Services provided, or if
BTM is charged a penalty for any fee it previously charged to
your Payment Method, you agree that BTM may pursue all available
remedies in order to obtain payment. If you pay by credit card
and if for any reason BTM is unable to charge your credit card
with the full amount of the Services provided, or if BTM is
charged back for any fee it previously charged to the credit
card you provided, you agree that BTM may pursue all available
remedies in order to obtain payment. You agree that the remedies
BTM may pursue in order to effect payment shall include, but
not be limited to, immediate cancellation without notice to
you of any Services registered or renewed on your behalf or,
in the case of a broker or reseller, on behalf of their client.
BTM reserves the right to charge you a reasonable administrative
fee for administrative tasks outside the scope of its regular
Services, including additional costs that it may incur in providing
the Services. These include, but are not limited to, customer
service issues that cannot be handled over email but require
personal service, fees incurred by third-party payment providers,
including PayPal, and disputes that require legal services.
These charges will be billed to the Payment Method we have on
file for you. You may change your Payment Method at any time
by contacting BTM either by email or by telephone. For BTM orders
where payment has not been received or BTM has received a chargeback
for any portion of the transaction, you understand that in addition
to any administrative fees BTM may charge for the handling of
the chargeback, the seller may also pursue all available lawful
remedies to collect payment plus applicable fees, or obtain
the lost merchandise. BTM is not responsible for the actions
of the sellers.
For services that are to be automatically renewed be it on a
monthly, annual or longer term, that BTM shall not be liable
to you or any third party if it is unable to charge your Payment
Method in order to renew your Services. For services where you
have elected to not have the service automatically renewed be
it monthly, annually, or longer term, that you acknowledge and
agree that you are solely liable for arranging that your Services
are renewed, and that BTM shall not be liable to you or any
third party if it is unable to charge your Payment Method in
order to renew your Services or that services were not renewed
for any reason. Any notice by you requesting that your account
not be automatically renewed must comply with all terms and
conditions contained herein and in item 5.2.4 above.
Unless otherwise agreed to in writing by BTM, all transactions
are processed in U.S. Dollars. In addition, you may be charged
VAT, GST or other localized taxes, based on the country indicated
in your billing address section. Any amounts to be charged will
appear during the checkout process.
6. NO WARRANTIES
6.1. You agree that use of the Service is at your sole risk.
You acknowledge that the Service may provide access to the Internet,
but that the Internet is not owned, operated or managed by BTM
Team.
6.2. With respect to information, goods and services provided
or accessed on or through the Service or otherwise available
on the Internet, BTM (i) has no responsibility or obligation
with respect to (and does not endorse) any information, good
or service, (ii) makes no warranties whatsoever (express or
implied) with regard to any information, good or service (including,
without limitation, warranties of accuracy, completeness, usefulness,
merchantability, satisfactory quality, safety or fitness for
a particular purpose), (iii) will not be a party to a transaction
between you and any other user of the Service and (iv) will
not be liable, under any circumstance, for any loss, cost or
damage arising directly or indirectly from any act or omission
of any person or from any information, good or service; except
to the extent the foregoing may not be disclaimed under law.
BTM does not assume liability to subscribers or others for any
failure to enforce the Guidelines.
6.3. YOU ACKNOWLEDGE AND AGREE THAT BTM UTILIZES VARIOUS
THIRD PARTY RESOURCES AND OR ENTITIES INCLUDING BUT NOT LIMITED
TO SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK
LINK LOCATIONS ETC., FOR ITS SERVICES IT PROVIDES AND THAT SAID
SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK
LINK LOCATIONS ETC., ARE NOT OWNED OR OPERATED BY BTM. THEREFORE,
BTM CANNOT AND DOES NOT CONTROL OR GUARANTEE THAT ANY PARTICULAR
SEARCH ENGINES, DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK
LINK LOCATIONS ETC., WILL ACCEPT YOUR WEB SITE, BLOG ENTRY,
PRESS RELEASE, ARTICLE, WEBCAST, VIDEO ETC., FOR INCLUSION INTO
THEIR DATABASE NOR WILL BTM BE LIABLE FOR THE RESULTING POSITION
OBTAINED, IF ANY, IN ANY SUCH SEARCH ENGINES, DIRECTORIES, BLOGS,
SOCIAL MEDIA SITES, BACK LINK LOCATION ETC. BTM'S SOLE RESPONSIBILITY
IS TO SUBMIT YOUR WEB SITE INFORMATION TO SAID SEARCH ENGINES,
DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS
ETC., IN A METHOD IT DEEMS APPROPRIATE. THAT IS BTM'S SINGLE
AND SOLE RESPONSIBILITY. BTM DOES NOT WARRANT OR IMPLY THAT
YOU WILL OBTAIN ANY PARTICULAR LEVEL OF NUMBER OF BACKLINKS,
RESULTS, POSITION (EXCEPT AS MENTIONED IN ITEM 6.3.1 REGARDING
BTMTEAM.NET'S SEO PRODUCTS AND SERVICES), OR PROFITABILITY WITH
REGARD TO YOUR WEB SITE. THE SERVICES AND THE SOFTWARE ARE PROVIDED
ON AN “AS IS”, “AS AVAILABLE” AND “WITH
ALL FAULTS” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER
EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES
OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BTM
DOES NOT WARRANT THAT BTM SERVICES ARE COMPATIBLE WITH
ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY
CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE
IS COMPATIBLE WITH ANY INTERNET SERVICE OR BTM SERVICES IN PARTICULAR.
NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION
PROVIDED BY BTM, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED
USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH
ADVICE OR INFORMATION. THE SEARCH ENGINES, DIRECTORIES, BLOGS,
SOCIAL MEDIA SITES, BACK LINK LOCATIONS ETC., INVOLVED WITH
THE BTM SERVICES WILL CHANGE FROM TIME TO TIME AND DOES NOT
REQUIRE BTM TO NOTIFY YOU OF ANY CHANGES IN THE SEARCH ENGINES,
DIRECTORIES, BLOGS, SOCIAL MEDIA SITES, BACK LINK LOCATIONS
ETC., INVOLVED. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE PURCHASED
A BTM SERVICE FROM OR THROUGH A THIRD PARTY ENTITY, BE IT FROM
A PRIVATE INDIVIDUAL, COMPANY, OR BUSINESS ORGANIZATION, REGARDLESS
IF SAID SERVICE WAS, IS, OR HAS BEEN BRANDED OR REPRESENTED
AS A BTM SERVICE OR HAS BEEN REPRESENTED OR SOLD TO YOU WITHOUT
YOUR KNOWLEDGE THAT SAID SERVICE IS IN FACT A BTM SERVICE, THAT
SAID THIRD PARTY BROKER, PERSON, COMPANY, OR BUSINESS ORGANIZATION
IS SOLELY AND EXCLUSIVELY RESPONSIBLE, BOTH FINANCIALLY AND
OTHERWISE FOR ANY CLAIMS, PROMISES, ASSERTIONS, AGREEMENTS,
GUARANTEES IT MAY HAVE MADE TO YOU PRIOR TO, DURING, OR AFTER
THE PURCHASE OF SAID SERVICE AND THAT BTM WAS AND IS HEREBY
AND HEREIN SPECIFICALLY WITHHELD FROM ANY LIABILITY TO YOU OR
ANY OTHER PARTY IN ANY MANNER OR FORM TO YOU, YOUR COMPANY,
OR BUSINESS ORGANIZATION AS TO ANY PAST, PRESENT, OR FUTURE
OUTCOME BE IT FINANCIAL OR OTHERWISE, AND THAT BTM HAS NOT MADE
ANY REPRESENTATION, PROMISE, CLAIM, GUARANTEE, ASSURANCE, EXPRESS
OR IMPLIED TO YOU OR ANY OTHER PARTY, THAT YOU WILL OBTAIN ANY
SPECIFIC OR HOPED FOR RESULT OF ANY KIND BY USING ANY BTM SERVICE.
YOU AGREE THAT IF YOU WISH TO MAKE ANY SORT OF CLAIM BE IT LEGAL,
FINANCIAL, OR OTHERWISE FOR ANY REASON WHAT-SO-EVER, THAT SAID
CLAIM BE MADE EXCLUSIVELY AGAINST SAID THIRD PARTY AND THAT
BTM HAS, IS AND SHALL FOREVER BE RELEASED BY YOU FROM ANY LIABILITY
OF ANY KIND IN CONNECTION WITH SAID TRANSACTION, REPRESENTATION,
PROMISE, ASSURANCE, GUARANTEE OR OTHER CLAIM MADE, EXPRESS OR
IMPLIED BY SAID THIRD PARTY.
6.3.1 Items 6.3.1 and 11. through 11.23 and the contents contained
therein have been added to this Agreement, and Terms and Conditions
on 5/1/2011 and relates specifically and exclusively to BTMTEAM.NET'S
PREMIUM SEO PRODUCTS AND SERVICES:
Be advised that in addition to BTM's regular products and services
that are offered for sale by BTM within the website known as
http://www.btmteam.net and via other sources, that on 5/1/2011,
BTM began offering a new premium line of products and services
known as BTMTEAM.NET'S SEO PREMIUM PRODUCTS AND SERVICES which
are optional, premium products and services, which in addition
to the term and conditions contained herein, also include a
very specific guarantee as to the eventual positioning obtained
within the organic search results of Google's search engine.
BTMTEAM.NET'S PREMIUM SEO SERVICES are sold at a higher cost
than BTM's regular products and services. Refer to items 11.
through 11.23 inclusive herein for greater detail of the terms
and conditions relating to the BTMTEAM.NET'S PREMIUM SEO SERVICES
product line.
You are hereby advised, acknowledge and agree that in order
to create and to have a binding and enforceable agreement between
the parties relating to any BTMTEAM.NET'S PREMIUM SEO SERVICES,
requires the creation of a separate written contract and agreement,
known as the BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT, which
relates specifically to BTMTEAM.NET'S PREMIUM SEO SERVICES and
that to be a enforceable agreement, it must be signed by a duly
authorized person or officer of each party thereto.
You hereby, acknowledge and agree that once both parties sign
the BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT, that the entire
BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT shall immediately,
at that point in time, become an integral and indivisible part
of this Agreement and Terms and Conditions, and that all of
the contents, covenants, terms, conditions, guarantee, authorities,
and signatures contained within the BTMTEAM.NET'S PREMIUM SEO
SERVICES AGREEMENT shall immediately be combined and included
within this Agreement and Terms and Conditions as if fully set
forth herein, including your signature showing your acknowledgment
and authorization as to the BTMTEAM.NET'S PREMIUM SEO SERVICES
AGREEMENT and all of the terms and conditions contained herein,
and that you agree to be bound by both agreements as separate
agreements and as one combined agreement.
Terms, conditions, and guarantee relating to BTMTEAM.NET'S PREMIUM
SEO SERVICES are covered herein in items 11. through 11.23 inclusive
and in the separate contractual agreement known as the BTMTEAM.NET'S
PREMIUM SEO SERVICES AGREEMENT.
You are hereby advised, acknowledge and agree that the terms,
conditions, and guarantee mentioned herein in items 6.3.1 and
items 11. through 11.23 inclusive, and within the BTMTEAM.NET'S
PREMIUM SEO SERVICES AGREEMENT do not, will not, and shall not
relate to other products and or services offered or sold by
BTM that are not specifically labeled as a BTMTEAM.NET'S PREMIUM
SEO SERVICES item. IF YOU PURCHASED YOUR SERVICE PRIOR TO 5/1/2011,
YOU CAN BE ASSURED THAT IT IS "NOT" PART OF THE BTMTEAM.NET'S
PREMIUM SEO SERVICES PRODUCT LINE AND THEREFORE DOES NOT HAVE
OR CARRY ANY TYPE OR FORM OF POSITION GUARANTEE WITHIN GOOGLE
OR ANY OTHER ENGINE OR DIRECTORY AS MENTIONED WITHIN ITEM 6.3
ABOVE. ADDITIONALLY, IF YOU PURCHASED A PRODUCT OR SERVICE FROM
BTM ON OR AFTER 5/1/2011 THAT WAS NOT SPECFICALLY LABLED AS
A BTMTEAM.NET'S PREMIUM SEO SERVICE, AND YOU DID NOT RECEIVE,
REVIEW, AND SIGN A CONTRACT AND AGREEMENT LABLED " BTMTEAM.NET'S
PREMIUM SEO SERVICES AGREEMENT," THEN YOU DID NOT PURCHASE
A PRODUCT OR SERVICE FROM THIS OPTIONAL PROUCT LINE, THEREFORE
THE ABOVE STATEMENT, TERMS AND CONDITIONS MENTIONED IN ITEM
6.3 ABOVE REMAIN IN FULL FORCE AND EFFECT AS RELATING TO ANY
OTHER PRODUCT OR SERVICE YOU MAY HAVE PURCHASED FROM BTM.
6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL
BREACH) WILL BTM OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE
OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE
USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
BTM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT
TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA
CONTAINING THE SOFTWARE THAT BTM DEEMS TO BE DEFECTIVE OR THE
TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR YEAR,
IF ANY (EXCLUDING ALL FEES FOR SERVICES WHICH ARE NOT SUBJECT
TO REFUNDS AS MENTIONED IN PARAGRAPH 5.1 ABOVE). THE TERMS OF
THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS,
BTM'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE
OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. INDEMNIFICATION
You agree to protect, defend, indemnify and hold harmless BTM
Team and its officers, directors, shareholders, affiliates,
suppliers, employees, and agents, from and against any and all
claims, demands, costs, expenses, losses, liabilities and damages
of every kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by BTM directly
or indirectly arising from (i) your use of and access to this
Site or the Services found at this Site; (ii) your violation
of any provision of this Agreement or the corporate policies
and/or agreements which are incorporated herein; and/or (iii)
your violation of any third-party right, including without limitation
any intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination
or expiration of this Agreement or your use of this Site or
the Services found at this Site.
BTM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES,
SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BTM, ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND
AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENTOF THIS SITE, (II) THE ACCURACY, COMPLETENESS,
OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND
AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND BTM ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BTM, ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND
AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER
SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL
ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO
THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE
ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE
OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
8. TERMINATION
8.1. AUTOMATIC ANNUAL RENEWAL - Our search engine submission
services are sold on an "Annual Basis" and are automatically
renewed up to 30 days prior to the expiration at the price then
being offered unless you notify us in writing 30 days prior
to the end of the 12 month term that you do not wish to renew.
By providing your credit card and placing your order with us,
you are hereby agreeing to and are thereby bound by these terms
and conditions and those mentioned above in paragraph 5.1 with
regard to NO REFUNDS.
8.2. CANCELLATION - You may cancel your service at any time
however, you will not be entitled to nor will you receive any
form of refund, prorated or otherwise.
You may cancel the automatic renewal of the service at any time
by calling BTM's cancellation service number (which is 813-679-4476
as of the date of this Agreement) or by using such other means
as BTM Team may make available from time to time, provided that
you will remain liable for any fees to which you have committed
at the time of registration. If you are dissatisfied with this
Agreement or any terms, policies, or practices of BTM in operating
the Service, any content available through the BTM Service,
or any change to any of the foregoing, your sole recourse is
to cancel your service. As mentioned within this paragraph,
canceling your account does not provide you with a refund as
set forth in paragraph 5.1 above.
9. FORCE MAJEURE
Neither party to this Agreement shall be liable to the other
for any delay or failure in performance under the Agreement
resulting directly or indirectly from acts of nature or causes
beyond its reasonable control.
10. MISCELLANEOUS
10.1. The failure of either you or BTM to insist upon or enforce
strict performance by the other of any provision of the Agreement
will not be construed as a waiver of any provision or right.
Neither the course of conduct between you and BTM nor trade
practice will act to modify any provision of the Agreement.
10.2. The titles and headings of this Agreement and Terms and
Conditions are for convenience and ease of reference only and
shall not in any way be utilized to construe or interpret the
agreement of the parties as otherwise set forth herein. Each
covenant and agreement in this Agreement and Terms and Conditions
shall for all purposes be construed to be a separate and independent
covenant or agreement. If a court of competent jurisdiction
holds any provision (or portion of a provision) of this Agreement
to be illegal, invalid, or otherwise unenforceable, the remaining
provisions (or portions of provisions) of this Agreement shall
not be affected thereby and shall be found to be valid and enforceable
to the fullest extent permitted by law.
10.3. This Agreement shall be governed by and construed in accordance
with the federal law of the United States and the state law
of Florida, whichever is applicable, without regard to conflict
of laws principles. You agree that any action relating to or
arising out of this Agreement shall be brought in the state
or federal courts of Hillsborough County, Florida, and you hereby
consent to (and waive all defenses of lack of personal jurisdiction
and forum non conveniens with respect to) jurisdiction and venue
in the state and federal courts of Hillsborough County, Florida.
You agree to waive the right to trial by jury in any action
or proceeding that takes place relating to or arising out of
this Agreement.
10.4. Any cause of action brought by or on behalf of you with
respect to this Agreement, the Service or Software must be commenced
within one year after the claim or cause of action arose otherwise
such cause of action shall be permanently barred.
10.5. For the purposes of this Agreement, references to "including"
shall mean "including, without limitation," unless
such language is already set forth.
10.6. Testimonials: By using any service of BTM, you, as an
individual, and you as a business or organization are hereby
giving unrestricted permission and authorization to BTM to use
any and or all of the following in any form of display, advertising,
or conveyance, regardless of type or method used, be it electronic,
print or otherwise; Your Company Name, Your Personal Name, Results
Of Our Efforts, the Website Address for which BTM services were
or are being performed or the root thereof if it is a sub-domain,
or any testimonials provide by you to BTM including writings
given us in any form including emails or telephonically. This
permission and authorization is given for worldwide use. BTM
is hereby granted unrestricted permission to use portions of
any testimonial. There will be no compensation of any kind or
form to you, your company, or business organization, or any
other interested party for the use of the items mentioned herein
now or at any time in the future. This authorization and unrestricted
permission shall remain in effect in perpetuity even if the
services provided by BTM have ended.
10.7. Signed Agreements: If you have been or will be sent documentation
or agreement requesting you to review and sign said documentation
or agreement describing certain BTM services which you have
ordered using one of the ordering processes as described in
paragraph 1.1 above, and you have not returned said documentation
or agreement containing your signature, regardless of the reason,
that you hereby acknowledge and agree that even though you have
not signed said documentation or agreement or that we have not
received said signed documentation or agreement, that you still
fully acknowledged and agree to be bound by all of the Terms
and Conditions as stated and contained herein and that by not
signing said documentation or agreement that you are not, and
shall not, be released from any and all obligations as set forth
in the Terms and Conditions stated herein and you further agree
that by your refusal to sign said agreement that your refusal
does not, under any circumstances in any way or manner alter,
modify, negate, or make null and void any and or all Terms and
Conditions contained herein and that you continue to acknowledge
them and agree to be bound by them as if signed including BTM's
No Refunds Policy as stated herein and that you are, and remain,
fully responsible for any services ordered from BTM Team regardless
of the method used to place your order.
11. BTMTEAM.NET PREMIUM SEO SERVICES:
NOTE: Items 11. through 11.23 inclusive of this Agreement and
Terms and Conditions pertain exclusively to the products and
services offered by BTM known as, BTMTEAM.NET PREMIUM SEO SERVICES,
which contain a Guarantee that relates to your website's inclusion
in Google's Page One Organic Search Results for a keyword or
key phrase associated with one or more of the following; your
product(s), your service(s), your website, or your industry.
11.1 BTMTEAM.NET PREMIUM SEO SERVICES DESCRIBED: In addition
to BTM's regular product line, BTM offers certain other products
and services that are included in, categorized as, and labeled
as “BTM TEAM PREMIUM SEO SERVICES " which include
additional agreements, terms, and conditions on the part of
both BTM Team and the purchaser of said PREMIUM SEO Services
as mentioned in item 11. through 11.23 inclusive. Any product
or service offered by BTM that is not specifically labeled as
an PREMIUM SEO Product or Service, does not, and shall not,
receive the additional benefits that are included as an integral
part of the PREMIUM SEO Products And Services product line.
BTM may, in its efforts to obtain page one positioning as mentioned
herein in items 11. through 11.23, and in its sole discretion,
utilize any other BTM or third party products or services, herein
known as "Additional Services" that it deems necessary
or appropriate. Said "Additional Services" may include
Non PREMIUM SEO Products And Services and are to be used by
BTM at a level of frequency, use, and scope of distribution
as determined exclusively by BTM. BTM's use of any non PREMIUM
SEO Products or Services to fulfill its obligations as stated
herein and specifically within items 11. through 11.23, does
not, will not, and shall not cause the Additional Services to
become an integral part of the PREMIUM SEO Product or Service
package offered by BTM or purchased by you and by BTM's determination
to utilize such product or service, shall not cause any PREMIUM
SEO Product or Service features, benefits or obligations to
transfer to or inure to any of the Additional Services utilized
by BTM including any type or form of performance guarantees
or obligations.
11.2 PAGE ONE GUARANTEE: All PREMIUM SEO PRODUCTS AND SERVICES
carry a Google Page One Guarantee relating to the organic listings
within Google. The terms and conditions relating thereto are
mentioned herein in items 11. through 11.23 inclusive.
11.3 PAGE ONE DESCRIBED: Google Page One is described as the
very first page being displayed that has been created by Google
and displayed in a browser immediately following a search query
request having been made to Google utilizing a keyword or key
phrase, the results thereof being displayed to the person making
said search query and is required to meet all criteria as listed
in item 11.9.1 below.
11.4 WEBSITE, WEBPAGE OR URL LISTING DESCRIBED: Any webpage,
web document, listing, social media link or document that is
displayed in Google’s Organic Section on Google’s
Page One search results as described above in “Page One
Described.”
11.5 TERM: BTM PREMIUM SEO Products And Services are sold by
the year, twelve continuous months, which is known as the Initial
Term during its first year of purchase, and once renewed, shall
be known as a Renewal Term.
11.6 PAGE ONE OBTAINED DURING INITIAL OR RENEWAL TERM: If BTM
obtains page one positioning for your website as mentioned herein
in items 11. and 11.23 inclusive within the time frame of the
Initial Term or Renewal Term, then BTM shall continue to provide
the BTMTeam.net PREMIUM SEO Service for the remainder of the
term then being provided, but having met the requirement of
obtaining page one positioning for your website, it is agreed
by both you and BTM that BTM is immediately released from any
present or future guarantee liability as to page one results
for your website for the remainder of the term therein. Upon
any renewal of the PREMIUM SEO Services, known as a Renewal
Term, all terms and conditions relating to BTM’s PREMIUM
SEO Products And Services including the Google Page One Guarantee
shall take effect and obligate BTM to perform as agreed for
said Renewal Term as contained within items 11. through 11.23
inclusive herein and in the PREMIUM SEO Products And Services
Agreement signed by both parties.
11.7 CONTINUATION OF BTM TEAM PREMIUM SEO PRODUCTS AND SERVICES
AT NO COST: If BTM, during the Initial Term, or a Renewal Term,
does not fulfill the requirement for page one placement of your
website within Google’s organic search results, then BTM’s
single and sole responsibility is to continue to perform said
service(s) until such time as a webpage, document, or listing
of your website appears in Google’s page one organic search
results for a keyword or key phrase relating to your products,
your services, your industry or your website. The period of
time in which BTM provides the services at no charge shall be
known as the Extended Term. Said keyword or keyphrase is not
to be an exact match to any keyword or key phrase contained
in your Excluded Keyword List as mentioned within these terms
and conditions in item 11.17 and in the PREMIUM SEO Products
And Services Agreement signed by both parties. SAID ONGOING
SERVICES ARE TO BE PROVIDED YOU BY BTM TEAM AT NO CHARGE TO
YOU UNTIL SUCH TIME AS BTM CAN CONFIRM THAT YOUR WEBSITE DOES
IN FACT APPEAR IN GOOGLE'S PAGE ONE ORGANIC SEARCH RESULTS AS
MENTIONED HERE. At the point in time where a webpage, web document,
listing, or social media result, pertaining to your website
appears in Google's page one organic search results, it is agreed
that BTM has, at that time, fully met and fulfilled its obligations
with regard to BTM's guarantee as to your website appearing
in the organic section of Google's page one search results,
and is immediately released from any future obligations relating
to said positioning guarantee, and all services provided by
BTM relating to the PREMIUM SEO Service shall immediately cease.
You can, if you so desire, renew the service for as many years
as you wish.
11.8 EXTENDED TERM PAGE ONE POSITIONING FULFILLED: During any
Extended Term, BTM finds that a webpage, document, listing,
or social media listing of or from your website appears in Google’s
Page One Organic Search Results then BTM shall cause a screen
snapshot to be taken of the Google webpage displaying said page
one placement as proof that your website appears in Google’s
page one organic search results. BTM to send you a copy of said
screen snapshot which you hereby agree shall be immediate confirmation
that BTM has met its guarantee as to page one placement within
Google’s organic search results and that you further agree
that at the point of discovery by BTM of said placement that
any and all obligations of BTM to continue to perform any and
all duties under the Extended Term shall immediately cease and
any future obligation on the part of BTM to continue to provide
ongoing services without compensation are immediately cancelled
and thereby made null and void.
11.9 GOOGLE PAGE ONE REQUIREMENTS: For BTM TEAM to be able to
claim that it has fulfilled its obligations of obtaining Google
Page One Organic Positioning, the following conditions must
be met:
a) The link, webpage, document, listing, or social media listing
displayed within Google’s search results must relate to
the website, domain, or URL you provided BTM as the website
referenced in the PREMIUM SEO Services Agreement that you must
have signed.
b) The link, webpage, document or listing displayed within Google’s
search results must be displayed within the organic search results.
Organic search results do not include any sponsored listings
or PPC listings, (also known as Pay-Per-Click).
c) The search results must have been generated by a search query
being made that is or contains a keyword or key phrase that
relates to your products, services, industry or website.
11.10 BTM’S FULFILLMENT OF ITS GUARANTEE OBLIGATIONS:
Once BTM detects that your home page or any subpages or documents
within your web site are listed in Google’s Page One Organic
search results, and which meets the criteria mentioned above
in item 11.9, BTM shall cause a screen snap shot to be made
of that page that displays the keyword or keyphrase used in
the search, and the link, webpage, document or listing regarding
your website within the organic search results of Google. BTM
shall forward a copy of the screen shot to your attention via
email. At the point of discovery of the page one result, it
is agreed that BTM has, at that point in time, met any and all
of its obligations which relate to the position guarantee portion
of the agreement as it relates to the BTMTeam.net’s PREMIUM
SEO Service purchased and is thereby immediately relieved from
any present or future obligation as to any position guarantee
during the remainder of the term be it the Initial Term or a
Renewal Term. If the page one position is obtained during the
Extended Term, then at the time of discovery of the page one
placement, BTM is immediately released from any future obligations
to perform any services at no cost to you, as it relates to
the BTMTeam.net’s PREMIUM SEO Service purchased.
11.11 BENCHMARKS: During the initial setup of BTM’s PREMIUM
SEO Service, as it relates to your website, and immediately
after BTM’s programming has been completed, BTM shall
cause a copy of your website to be made as a benchmark for future
reference for comparative purposes to determine if any unauthorized
changes have been made to your website or pages as mentioned
within this item 11.20.
11.12 GOOGLE SCREEN SNAP SHOTS: BTM shall monitor Google’s
page one organic search results to determine if and when your
website appears in Google’s page one organic search results
resulting from a search being performed for a keyword or keyphrase
as described in item 11.9 herein.
11.13 META TAG INSTALLATION: BTM Team is to research, create,
and install the following items on your default or home page:
Title Tag, Description Meta Tag, and Keyword Meta Tag. You are
responsible for the research, creation, and installation of
any Title Tag, Description Meta Tag, and Keyword Meta Tag for
all other pages contained within your website. You may elect
to have BTM perform these services on your other webpages within
your website, the cost thereof to be determined and agreed upon
at that time. All tags on all pages within your website are
to be written in such a way as to provide favorable SEO results.
BTM retains the right to request that you change any features
of your website that in BTM’s sole discretion believes
may cause a negative SEO effect upon your website and you agree
to make any modifications requested by BTM within 10 business
days or BTM is released thereby from any present or future Google
Page One Position Guarantee for the remainder of the Term then
being provided be it the Initial Term, Renewal Term, or Extended
Term.
11.14 ACCEPTABLE KEYWORDS OR KEY PHRASES: Page one organic search
results shall appear as a result of a search being performed
in Google for a keyword or key phrase that has or presently
relates to your business, product, service, website, or industry.
A key phrase which is being used in a search to ascertain the
status of BTM’s Page One Guarantee shall not exceed a
total of 5 separate words which may contain a mix of alphanumeric
characters.
As an example of the type of acceptable key phases would include:
Clearwater Beach Resort
Recording Studio New York
Custom Tool Fabrication
Water Test Kit For Swimming Pool
Advantage Of Life Insurance
67 Ford Mustang For Sale
TownHomes In Orlando FL
Wholesale Paint Supplies Jacksonville FL
Best Caribbean Cruise Line
11.15 TARGET KEYWORD LIST: You are to provide BTM Team with
a list of up to 20 keywords or key phrases that pertain to your
products, services, industry or website for which you would
like to achieve better positioning for your website or web pages
in Google’s organic search results. It is agreed that
this list is to be used as a guideline for informational purposes
only and is to be used by BTM’s staff and engineers in
helping research and create effective Title Tags, Meta Tags,
and Page Text Modifications for your home page. In addition,
this list will be used to provide BTM with topics that may be
used during the creation of blog entries for the Social Media
aspects of the PREMIUM SEO Products And Services.
11.16 TARGETED KEYWORD LIST RESULTS NOT GUARANTEED: Your inclusion
of any keyword or key phrase in the Targeted Keyword List does
not constitute any financial or performance obligation or guarantee
of any kind on behalf of BTM including but not limited to the
inclusion of the actual positioning outcome obtained for said
keywords or key phrases within Google’s search results.
This list is for informational purposes only as mentioned above
in item 11.15 above and item 11.17.1 below.
11.17 EXCLUDED KEYWORDS: Prior to the beginning of the Initial
Term, you may provide BTM with a list of keywords or key phrases
in any quantity that when searched in Google, already displays
your website in Google’s page one organic search results
when the criteria mentioned in all of items 11.9, 11.9.1, 11.9.2,
and 11.9.3 inclusive are met. The purpose of this list is to
provide notice to BTM that BTM should not claim future credit
for the establishment of any exact match to any keywords or
key phrases contained within said Excluded Keyword list.
11.17.1 In order for a keyword to be excluded, BTM must be able
to verify that the keyword or key phrase does in fact bring
your site up in Google’s organic page one results when
meeting all search criteria mentioned below. Keywords or Key
Phrases that appear in Google’s Pay Per Click listings
are not allowed in the Excluded Keywords List. Additionally,
"ALL" of the following conditions must be met;
COMPUTER & BROWSER REQUIREMENTS:
a) The computer from which the search is being conducted must
have been cold booted immediately before the search,
b) All cache and history files must have been cleared immediately
prior to the search,
c) Neither the computer or the user of the computer may be logged
into any Google product or service.
GOOGLE SETTINGS:
The Google “Search Settings” options used to determine
positioning shall be set as follows:
d) Interface Language: English
e Location: Shall be set to the zip code you provided BTM as
your physical business location within BTMTEAM.NET'S PREMIUM
SEO SERVICES AGREEMENT.
f) Safe Search Filtering: Do not filter my search results.
g) Google Instant: Do not use Google Instant
h) Number Of Results: Shall be set to Google’s default
of; Display 10 results per page.
This is done to present a true, non cached, non history search
result. Once BTM has verified that your keyword or key phrase
that you have provided in your Excluded Keyword List is being
displayed in Google’s organic search results as mentioned
herein and has meet all of the requirements as mentioned herein
in item 11.17.1, then that keyword or key phrase shall be excluded
from BTM’s ability to claim responsibility for said page
one placement as it relates to the position guarantee as mentioned
herein in items 11. through 11.23 inclusive. If BTM cannot duplicate
the search results showing your website on page one in Google’s
organic search results, for any specific keyword or key phrase
in your Excluded Keyword List, then that keyword or key phrase
shall be removed from the Excluded Keyword List. Until such
time as you present said list to BTM and, BTM has reviewed said
list and provides you with BTM’s written approval of said
list, the list shall not have any effect upon the service being
provided. However, once accepted by BTM, the list is binding
and cannot be changed or modified by either party to this agreement.
11.18 KEYWORD OR KEY PHRASE VARIATIONS: It is agreed that BTM
shall be able to utilize variations to said excluded keywords
or key phrases as proof of its fulfillment of its guarantee
obligations as mentioned herein. For example: If you exclude
the search term “carpet cleaner Tampa Bay,” BTM
may use “carpet cleaner” or “carpet cleaning
service Tampa” or other variations as a result which meets
the requirement as proof that BTM has fulfilled its guarantee
requirements.
11.19 SOCIAL MEDIA: As part of the PREMIUM SEO Services mentioned
herein, BTM shall research, create, and post blog entries throughout
the Term relating to a keyword or key phrase provided BTM by
you within your Target Keyword List, in such quantity, frequency,
and locations as BTM, in its sole discretion, deems necessary.
11.20 INITIAL PAGE CONTENT CHANGES & CHANGES OR MODIFICATIONS:
You hereby acknowledge and agree that any modifications to your
website’s pages or content, beyond those made by BTM during
the initial setup of your site as it relates to the BTM’s
PREMIUM SEO SERVICES being provided you, may have an immediate
and long lasting negative effect upon your website’s eventual
inclusion in or potential positioning obtained within Google's
organic search results. As such, you are hereby notified, acknowledge,
and agree that you will not make, nor will you instruct or allow
others to make, any changes or modifications to any Title Tags,
Meta Tags, or Page CONTENT of any page or pages contained within
your website without first, 1) Notifying BTM in writing of your
intention to make changes or modifications, said written notification
is to be in enough detail to allow BTM, in it’s sole and
exclusive determination, to decide if said changes will have
a potential negative effect on your website’s inclusion
or eventual positioning within any search engine or directory,
2) Allow BTM a total of 10 working days to review said proposed
changes, and 3) Receive from BTM its written agreement and authorization
to proceed with your proposed changes or modifications. If you
do not follow the above requirements prior to making any changes
or modifications to your website or if BTM, after reviewing
your proposed changes recommends that you do not make the proposed
changes, and you go ahead and implement any changes that were
not approved by BTM, then by your action, you will have immediately
forfeited any rights or claim to the Google Page One Guarantee
portion of the PREMIUM SEO SERVICES being provided, and that
BTM at that point in time is immediately released from any present
or future obligation or guarantee relating to any specific listing
or page position obtained within Google, and that by your action,
BTM’s obligation to perform under any form of Google Page
One Guarantee is immediately made null and void. BTM shall continue
to perform other duties relating to the service purchased but
the portion relating to any form of Google Page One Guarantee
is removed from BTM’s obligation to perform.
11.21 RENEWALS OF BTMTEAM.NET'S PREMIUM SEO SERVICES: Upon the
expiration of any Term, be it the Initial Term, or a Renewal
Term, wherein BTM has been providing BTMTEAM.NET's PREMIUM SEO
SERVICES, all services provided therein shall cease. BTMTEAM.NET's
Premium SEO Services agreements DO NOT AUTOMATICALLY RENEW.
In order to have the service renew, you must complete and sign
a new BTMTEAM.NET's Premium SEO Services Agreement. Said renewal
term is known as the Renewal Term. All Terms and Conditions
contained herein and in the new BTMTEAM.NET's Premium SEO Services
Agreement shall be binding upon the parties including items
5.1 with regard to BTM’s no refund policy.
11.22 BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT: To be binding
upon you and BTM, all purchases of PREMIUM SEO SERVICES requires
the creation of a written contractual agreement known as the
BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT which must be reviewed,
acknowledged, agreed to, and signed by both you and BTM, which
includes very specific details, terms, conditions, covenants,
and obligations relating to both BTM and you. Until such time
as the BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT is signed
by both parties, neither party shall be obligated in any form,
fashion, or manner to any terms or obligations contained within
the BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT. However, once
the BTMTEAM.NET'S PREMIUM SEO SERVICES AGREEMENT is signed by
both parties, all items, terms, conditions, covenants, and obligations
contained therein shall be in full force and legally binding
upon the parties thereto and additionally and immediately shall
be incorporated herein in its entirety, including your signature,
as if it were fully set forth herein and shall become an integral
part of this entire agreement and terms and conditions as covered
herein in its entirety regarding the contractual obligations
between you and BTM as related to any services offered by BTM
Team including BTMTEAM.NET'S PREMIUM SEO SERVICES purchased
by you, including BTM’s No Refunds Policy as mentioned
herein in item 5.1.
11.23 VOLUNTARY TERMINATION OF SERVICE: You may request that
BTM discontinue any service being provided you during the initial
term, renewal term or extended term, even if page one positioning
has not been obtained. If you so elect to have BTM discontinue
the service known as PREMIUM SEO SERVICES, then BTM is immediately
relieved of any present or future responsibility to continue
to perform any ongoing services, and any form of position guarantee
is then immediately made null and void. If you voluntarily terminate
said services, you will not be entitled to any compensation,
proration, credit, or refund as mentioned within these terms
and conditions and within item 5.1 above.
12. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, successors
and assigns.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
14. COPYRIGHT AND TRADEMARK NOTICES;
OTHER ACKNOWLEDGEMENTS
This web site, and the information which it contains are Copyright
© 2011-2012 BTM Team, USA, Inc. and/or its suppliers, 405
S Dale Mabry HWY #243, Tampa, FL, 33609, U.S.A. All rights reserved.
BTMTeam.net, BTMTeam.com, BTM Team logo, and/or other BTMTeam.net
products and services referenced herein may also be either trademarks
or registered trademarks of BTM in the United States and/or
other countries and is protected from unauthorized copying and
dissemination by United States copyright law, trademark law,
international conventions and other intellectual property laws.
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. Any rights
not expressly granted herein are reserved.
15. CONTACT INFORMATION
If you have any questions about this Agreement, please contact
us by email or regular mail at the following address:
BTM Team, USA, Inc.
405 S Dale Mabry HWY #243,
Tampa, FL 33609 USA
info@btmteam.net
Revised 8/9/2012
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