By visiting this website, you, with this agreement, are bound by the Terms and Conditions, laws, regulations, and privacy policies of our website. You also agree to comply with any local laws that may apply. If you disagree with any of the Terms and Conditions presented here, we prohibit you from accessing our website or utilizing our service.
All the content and other materials presented on our website are protected by relevant and applicable trademark and copyright laws.
Our contract shall specify the initial term for which the project rates shall be guaranteed, and shall not be lesser than a period of () months for custom projects. All agreements are of auto-renewing nature at the then applicable service rates. After the initial agreement period has ended, either party can cancel the project with a 30-day written notice to the other party.
We can grant you permission to temporarily download a copy of our content or any other material (software or information) for your personal, non-commercial, and transitory viewing only. It shall be considered as a grant of a license and not as a transfer of title. Under this license, you are prohibited from:
- modifying or copying the materials;
- using the materials for public display (commercial or non-commercial), or any commercial purpose;
- attempting to decompile or reverse engineer any software present on our website;
- removing any copyright or other proprietary notations present on our materials;
- transferring the materials to another person; or
- copying or distributing the materials on any other server.
The license shall automatically terminate on your violation of any of the restrictions mentioned above. Upon the termination of your license for viewing and downloading, you must destroy any material, whether in printed or electronic format, that you might have downloaded.
Any claim that relates to our website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Revisions to our website:
The content and other materials displayed on our website can include errors pertaining to technical, typography, or photography errors. We do not warrant that any of the materials present on our website are current, complete, or accurate. We may make changes to the content and other materials contained on our website at any time without notice. We do not, however, make any commitment to updating the content or other materials.
Personally Identifiable Information (PII) Defined:
Any information or combination of information that is linked or unique to a person and helps in identifying the said person. Personally, Identifiable Information can be divided into two categories, including sensitive and non-sensitive. The Personally Identifiable Information is sensitive when it’s loss or compromise can lead to potential harm and identity theft. The Personally Identifiable Information is non-sensitive when the information is publicly available, including both client data and customer data of the client.
The content and other materials on our website are referred to as “as is.” We make no expressed or implied warranties, and hereby disclaim and negate all other warranties, including without limitation, fitness for a particular purpose, implied warranties or conditions of merchantability, or non-infringement of intellectual property or any other violation of rights. Further, we do not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the content and other materials on our website or otherwise relating to such materials or on any other websites linked to our website.
We shall, in no event, be liable for any damages, without limitation, including damages due to business interruption and due to loss of data or profit. It does not matter whether the damage arises due to the use or inability to use the content and other materials on our website, even if a representative authorized by us or we have been notified, whether orally or in writing, of the possibility of such damage. It is so because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages. These limitations may not apply to you. We shall also not be liable for any loss, whether consequential or indirect, due to delay in obligated service deliverables, where the delay is caused due to natural or ungovernable forces.
The clients shall defend and cover from and not hold us responsible from any and all claims, liabilities, losses, and expenses related to the services provided by us to our clients under this agreement, including without limitation claims made by third parties related to any false liability claims, advertising claims, for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by you for publication by us.
Any content or information submitted by our clients to be published by us shall be available for access to the public as soon as it is published. We shall not be responsible for screening the material and any damages or losses of profit, goodwill, or any business asset due to the nature of the content being published.
We may revise these Terms and Conditions for our website at any time without any prior notice. By using our website, you agree to be bound by the then current version of these Terms and Conditions of Use.
Advertising and Marketing Services
CMW is a platform that provides search engine marketing, optimization, and associated services on a vast scale. As such, we submit information on your behalf to search engines for which you must agree to their terms and conditions. These providers may include: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, CitySearch, MagicYellow, Dex, iBegin, YellowBot, Insider Pages, MojoPages, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, YouTube, and other sites. CMW will not share your information with any other business.
CMW has the right to place information related to your business on any of the publishers and search engines websites such as those listed above and you authorize CMW to develop content based on information or material provided by you and collected by CMW including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs, and videos. Further, you have to agree that the material and information you have provided to CMW are truthful, and not misleading. And, if so contracted, you authorize CMW to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. The articles, press releases, and blog postings will be sent for approval before publishing. We consider all the monthly content approved only one week after the content was sent. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.
As CMW assures to offer the very best service, there are certain guidelines and policies that must govern CMW’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of CMW’s services. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit material
- Sexually oriented products or services or other sexually oriented material
- Nudity, including airbrushing
- Offensive or otherwise distasteful material
- Language or content that is harmful to minors
- Bulk emailing tools
- Distribution of internet viruses and other harmful or destructive activities
- Scams or phishing for personal information
- Solicitation of funds other than for a legal charitable organization
- Gaming, lotteries, illegal Gambling, and other activities including violent, harmful, threatening, libelous, abusive, tortuous, harassing, vulgar, obscene, invasive of another’s privacy, chauvinistic, racial, offensive, ethnically, complaint websites, or otherwise objectionable language or content
- Defamatory, hateful or revenge content or language
- Any aid to pass drug tests or any aid to pass lie detector tests
- Pirated materials
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling of hosting accounts or email accounts to third parties.
- Reselling of any CMW services including, but not limited to, design services, updates to third parties without a written re-seller agreement.
- Spamming and other unsolicited messages including, but not limited to, chain letters, spam, and junk email
- Links to other sites that are in violation of CMW’ policies and guidelines
- Other activities, whether lawful or unlawful, that CMW deems to be in poor taste or that reflect adversely on CMW or CMW’ other clients
You agree to pay CMW monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount.CMW may change the maximum monthly fees in accordance with procedures established by our search engines and publishers from time to time dew notifications. All monthly fees are due at the end of each calendar month.
All credit card payments require a 3% processing fee. If 45 days pass after your account gets due, we shall pause all the campaign activities until the account is current and payment is made. At 90 days past due, the account is to be handed over to collection.
CMW has the right to charge incremental media markup fees on any media accounts for up to 25% to cover the additional cost of placing media.
The Client agrees to pay CMW compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract as applicable. Payments shall be made on the final day of each month for services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month. If payment has not been made by the due date all marketing and advertising programs shall be paused.
Representations and Warranties; License and Grant of Rights
You warrant and represent that you have and will continue to have the unrestricted and absolute right to use and publish all information you have provided for your advertising programs and that the content you provided does not infringe on the rights of any third party and that it complies with all, state, federal, and local laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, invention, patent or any other nondisclosure rights of third parties. You indemnify and hold harmless CMW against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, the proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to CMW resulting from claims made by third parties with regard to usage of the material that you have provided us, even after the termination of our Agreement.
You agree and acknowledge that we make no specific warranty or guarantee regarding the publishers and search engines to which we submit advertising on your behalf. It includes specific results or placement of paid search advertising. We do not warrant the number of clicks, impressions, calls,or website visits or that paid search advertising shall appear in response to any searched query.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, CMW and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to CMW services.
Limitation of Liability and Applicable Law
The maximum aggregate liability CMW may have to you will be limited to the total amount of fees collected from you. CMW will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by CMW.
Neither you nor CMW will be in breach of its obligations under these Terms and Conditions of Service in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes shall include, but not be limited to fire or other causality, governmental regulation, technical failure or difficulties, inability to obtain materials or services, problems or interruptions of the internet, or any other cause that does not fall within the reasonable control of either party.
CMW may assign, delegate or subcontract any rights or obligations under these Terms and Conditions of Service.
These Terms and Conditions of Service represent the parties’ entire agreement with regard to CMW’s provision of services. Agreement with these terms and conditions is upon signature of CMW’s Contract, and it will be binding upon you and your successors.
The person who signs the Contract certifies that they are lawfully authorized to purchase the services on behalf of their company.
Effective Upon Execution
As on the date of signing of the Statement of Work and/or the making of the payment, the Terms and Conditions become binding on both the parties.
Information, like name, contact number, email, website URL that our clients provide us by filling the contact form shall not be exposed to a third party, without their prior consent, and kept confidential.
We do not guarantee absolute security with regards to the transfer of data over the internet due to its inherently insecure nature. For making any kind of payment, we use SSL encrypted technology to ensure maximum security against fraud and online theft.