TERMS OF SERVICE
Last Updated January 1, 2017
Clear View Consulting Terms of Service Agreement
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
The following are terms of a legal agreement between you and Clear View Consulting
By purchasing Clear View Consulting service(s) or submitting your credit card information you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. Customer represents and warrants that customer is 18 years of age or older, that customer will provide true, accurate, current and complete information in the enrollment for the service, and that the customer has all requisite authority to bind to this agreement. This statement covers all Clear View Consulting, Inc. products, services and Clear View Consulting website located at http://www.CVCBIZ.com (“Site”). If you do not agree to these terms and conditions, you must not accept this agreement and may not use the Clear View Consulting site or services.
The Advertising Service (the “Service”) is provided by Clear View Consulting, LLC. (“Clear View Consulting”) a Florida Corporation, to you (the “Customer”) (collectively “Parties” or “Party”) under the terms and conditions of this Service Agreement (the “Agreement”), which may be updated by Clear View Consulting from time to time.
3. CONTENT PUBLISHING: Clear View Consulting will use reasonable efforts to create and/or optimize existing truthful, positive, or neutral online content ("Welcome Content"), with the specific aim of promoting the Welcome Content on Internet search engine results above the content Client has identified as the unwelcome content (the "Unwelcome Content"). Client hereby authorizes Clear View Consulting to (a) create original content (including content that represents Client or Client's designee), (b) use the content, trademarks, logos, photos, videos, advertisements, information, and other materials provided or identified by Client (the "Client Materials") to create and publish Web content, including content that represents on any websites we deems fit for the purposes of providing the Services. In addition, Client hereby grants us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sub licensable (as necessary to perform the Services) license to use, reproduce, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit any Client Materials as Clear View Consulting deem appropriate to perform the Services. Client agrees to respond in a timely manner to our requests to review and approve information generated for Client and acknowledge that Clear View Consulting may make unilateral content publishing decisions on Client's behalf should Client fail to meet the applicable response deadlines. Client acknowledges and agrees that Clear View Consulting will own, subject to any Client Materials therein, all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. Clear View Consulting acknowledges and agrees that Client will own all right, title, and interest in and to any Client Materials (c) optimization techniques, (d) procure domain names containing Client's name, the name of Client's designee, or names similar to Client's name or Client's designee, and (e) use a combination of these techniques, to promote Welcome Content above Unwelcome Content on Internet search engine results. Clear View Consulting will procure any domain names or similar registrations that are required to be procured in connection with the services; we’ll pay all costs relating to these domain names or similar registrations, and will direct the domain names to a location identified by Clear View Consulting.
4. TERM, PAYMENT, & MODIFICATION: The term of this agreement shall commence and become effective as of the enrollment date. Site creation is included with initial setup and monthly fee for Local SEO and Lead Generation plans. In addition, Clear View Consulting may use any Customer-provided content to assist in site creation. Any content provided, Customer revisions, or site alteration requests after site is active on the internet may be subject to design fee ($59.00 per hour). The design fee will not be initiated if Clear View Consulting is correcting an error on the site. Any other changes requested by the Customer will be subject to the $59.00 per hour design fee upon completion and publication of the site. These advertising services are on a MONTHLY REOCCURING BASIS with an initial three (3) month commitment period and shall remain that way until the end of the agreement or until Customer no longer requires services. Customer will be charged on credit card on file each month coinciding with the enrollment date. (If Customer signs up March 1st, credit card will be charged each month on the 1st of the month). Online Presence and Website Optimization differs in results with each client depending on area and saturation of industry
5. WORK FOR FREE GUARANTEE: The “Work For Free Guarantee” shall refer to Local SEO service only. Clear View Consulting guarantees that Customer will be ranked organically on the first page of Google for two (2) of the Selected Keywords or Targeted Keywords within the first Ninety (90) Days from Customer’s enrollment date. If Clear View Consulting does not produce a first page ranking after a three-month time period, then the service will be extended free of charge until such time that a first page ranking has been achieved. Once first page ranking has been achieved, contract charges will resume as per client agreement established upon enrollment date.
6. PAYMENT FEE ADJUSTMENT: Clear View Consulting will reduce Customer’s Service Plan fee after a mutually agreed term and successful monthly payment count has been satisfied as defined on the Customer’s e-Agreement (“Adjusted Fee”). Customer will be billed the Adjusted Fee until Service is cancelled. Customer acknowledges that the Adjusted Fee does not apply to the “Lead Generation” and “Review Generation” Service Plans.
7. PAYMENT: Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card or if there are any periodic charges for publication of a site, those charges may be billed automatically to a credit card provided by Customer. Customer agrees to have credit card on file charged monthly by Clear View Consulting. Unless Clear View Consulting provides a written billing agreement listing otherwise, charges will be automatically billed to the credit card Customer designated during the enrollment process. Clear View Consulting reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If Customer's credit card on file expires, Customer hereby gives Clear View Consulting permission to charge the credit card with a later expiration date to allow for continued payment of Clear View Consulting service. Customer may provide updated credit card information to Clear View Consulting verbally, and allows Clear View Consulting to use that information accordingly for continuation of service. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update credit card information. Customer authorizes Clear View Consulting to collect any charges related to the service of Customer's account.
8. PAYMENT CHANGES: Customer may designate another credit card at any time. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update outdated or otherwise incorrect credit card information. Customer must notify Clear View Consulting 10 days prior to make any changes to billing information or charging procedures
9. REFUND POLICY: All sales of all Clear View Consulting services are final. No refunds shall be given by Clear View Consulting or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Further, the Customer acknowledges and accepts the risk that Clear View Consulting, may not succeed in finding all Internet content about the Customer. The Customer also acknowledges and accepts the risk that Clear View Consulting may not succeed in effecting the removal and/or alteration of any Internet content about the Customer. No refunds shall be given by Clear View Consulting for any reason. Further, the Customer hereby acknowledges and understands that he or she foregoes the right to dispute credit card charges incurred with the Company on the grounds that the Company has failed to deliver satisfactory services.
10. CANCELLATION: The Clear View Consulting monthly service fee is valid from the period starting on the enrollment date and continues on a MONTHLY RECCURING BASIS with an initial three (3) month commitment period. If Customer wishes to terminate service after the commitment period has ended, Customer must cancel with five (5) day notice to not be billed for monthly charges. Customer agrees to direct all cancellation requests to Clear View Consulting via email to support@CVCBIZ.com. Customer agrees that any charges incurred prior to cancellation are valid. Upon cancellation, Clear View Consulting will remove the SEO site and may use for repurposing. If Customer cancels before monthly billing cycle is complete, Customer agrees to pay for entire month.
11. TERMINATION: Clear View Consulting may at any time and at its sole discretion terminate service to any Customer for any reason. If Customer initiates an inquiry or disputes charges for services, Clear View Consulting reserves the right to terminate the agreement between Customer and Clear View Consulting with no refund available. Customer may terminate their signed agreement at any time with a one-time termination fee of $299 or by paying the monthly fees for the remainder of their order commitment term (whichever is less).
12. OWNERSHIP OF NON-Customer PROPERTY: Title and full ownership rights in and to the advertising services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Clear View Consulting Inc.'s operation of the Clear View Consulting network and website(s) (collectively, the "Clear View Consulting Materials"), shall remain at all times solely with Clear View Consulting. Customer acknowledges that it has not acquired any ownership interest in the Clear View Consulting materials and will not acquire any ownership interest in the Clear View Consulting materials by reason of this Agreement.
13. CUSTOMER REPRESENTATIONS AND WARRANTIES: Customer represents and warrants to Clear View Consulting that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that Customer(including its agents or representatives) has provided or will provide for Advertising Services is and will be both accurate and complete to the best of Customer's knowledge; Customer is the authorized owner or representative of the business for which Advertising Services will be performed; and, Customer's SEO site will not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
14. CUSTOMER COVENANTS: Customer further agrees to perform as follows: Customer will not hold Clear View Consulting or its affiliates liable or responsible for the activities of visitors who come to Customer's website(s) through Advertising Services. Customer agrees that it is solely responsible for any and all content or other materials that Clear View Consulting places on a site on customer's behalf. If Customer sells or promotes adult materials, alcohol, tobacco products, or other age restricted products and/ or services, Customer will: (i) have age verification on its sites home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
15. SITE STRUCTURE AND TARGETING: Customer acknowledges and agrees that the standard site built by Clear View Consulting for Customer will follow a pre-determined format. The site will contain up to five (5) tabs, each containing distinct and unique content, as well as a maximum of five (5) pictures to be used throughout the site, not including logo provided by Customer If Customer requests any changes, revisions, deletions, or additions to the standard site structure, Customer agrees to pay an additional design fee of $59 per hour. Any change to the standard site structure must be submitted before site is published online. Customer acknowledges and agrees that the site built by Clear View Consulting for Customer will specifically target and optimize for one (1) city. Any additional target cities or locations requested by Customer will require an additional site built by Clear View Consulting with all applicable and related charges. Although results commonly spread into areas surrounding the target city, Clear View Consulting only guarantees placement for the stated target city. Customer acknowledges and agrees that it will be accorded one (1) minor text or picture revision per month to their website at no additional expense. The Customer can request changes be made to the text or pictures on the website. The revision cannot include alterations or modifications to the layout design of website or a complete redesign of the overall website. Customer agrees that Clear View Consulting will charge a design fee of $59/hour for any additional changes to the website beyond the one (1) minor text or picture revision per month.
17. EXPORT COMPLIANCE: The Services, Website Content, other technology Clear View Consulting may make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Client acknowledges that they are not named on any U.S. government denied-party list. In addition, Client shall not permit access to use of the Services, in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
18. REPORTING AND REVISIONS: Clear View Consulting will primarily use an online reporting system, Client Dashboard Interface (CDI), to communicate site performance and search engine rankings. The CDI and email will be the primary form of communication between Customer and Clear View Consulting. Customer will be issued a Customer name and password to their CDI by Clear View Consulting. Customer agrees to use their CDI or email as the primary tool to submit revision requests, general questions, and viewing monthly reports and analytics.
19. COMMUNICATION: In efforts to consistently improve our services, Clear View Consulting always wants to hear from our customers. Whether comments, suggestions, praise, complaints, or any other communication, Clear View Consulting is listening. You grant Clear View Consulting a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your communication in any form, your name, and any related copyrights, moral rights, or other intellectual property rights.
20. CUSTOMER INDEMNIFICATION OBLIGATIONS: Customer agrees to indemnify, defend, and hold harmless Clear View Consulting, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a "Claim") for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Advertising Services performed on behalf of Customer, Customer's client's website(s) or contents therein, Customer's conduct, acts or omissions, or any alleged or proven breach by Customer of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Clear View Consulting or its agents or employees. Clear View Consulting will notify Customer of any claim, action, or demand for which indemnity is required in the reasonable opinion of Clear View Consulting and will cooperate reasonably with Customer at Customer's expense. At the election of Clear View Consulting, Customer shall advance to Clear View Consulting amounts in satisfaction of such Claim, which Clear View Consulting may hold in escrow pending resolution of such Claim. The law firm Customer chooses to defend Clear View Consulting must be experienced in defending similar claims and will be subject to Clear View Consulting's approval, which will not be unreasonably withheld. Customer may not settle any lawsuit or matter relating to the culpability or liability of Clear View Consulting without the prior written consent of Clear View Consulting. Clear View Consulting will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Clear View Consulting shall have the right to set off any liability of Customer to Clear View Consulting with respect to a Claim against any amounts held on deposit with Clear View Consulting by Customer.
21. THIRD PARTY SERVICES ARE NOT Clear View Consulting SERVICES: Clear View Consulting works with a number of partners and affiliates. Clear View Consulting is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party service provider. Clear View Consulting makes no guarantees about the content or quality of the products or services provided by such Third Party service providers. You agree and consent to Clear View Consulting registering you for Third Party services for a fee additional to and separate from the fees you pay Clear View Consulting. Clear View Consulting is not responsible for webcasting or any other form of transmission of Third Party service provider. Clear View Consulting is providing these services to you only as a convenience, and the inclusion of any added service to your business through Clear View Consulting does not imply endorsement by Clear View Consulting of the Third Party service provider. You acknowledge that you bear all risks associated with access to and use of services provided by Third Party service provider and agree that Clear View Consulting is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the Third Party service provider if you have any concerns regarding services or membership with Third Party service providers.
22. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Customer acknowledges and agrees that it will not hold Clear View Consulting or any third-party suppliers liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Clear View Consulting makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As Clear View Consulting relies on third parties for certain data, Clear View Consulting makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Clear View Consulting be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
23. FORCE MAJEURE: Neither Customer nor Clear View Consulting will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of Clear View Consulting or Customer.
24. ENTIRE AGREEMENT: This Agreement between Clear View Consulting and Customer supersedes any other oral or written agreements regarding the advertising services specified in this agreement. Neither Customer nor any agent of Clear View Consulting may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on Clear View Consulting Inc. Moreover, Customer confirms that Customer has not relied upon any such representation in entering into this Agreement.
25. ARBITRATION CLAUSE: In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect. Any enforcement related to this contract shall be venue in St Petersburg, Florida.
26. GOVERNING LAW: Customer and Clear View Consulting agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of Florida.
27. AUTHORITY: The person submitting credit card information or subscribing to serve hereby certifies that he or she is either Customer, or that he or she has been lawfully authorized to submit Agreement and authorize the placement of advertising on behalf of Customer.
Terms of Service are subject to change without notice.