When a customer, generally a small business, which may be an LLC, corporation, partnership, or sole proprietorship, agrees to service from Innovative Marketing the following Terms and Conditions apply:
1. Charges: Charges consist of an initial fee followed by a recurring monthly charge. At sign up, only the initial fee is charged. Recurring amounts are billed monthly, rate plans vary depending upon the sevices included. All existing customers regardless of rate plan are paying for a month to month service with no contracted or required term. The rate plan referenced on the existing Checkout page may not be reflective of the current rate plan of an existing customer.
2. PIN Verification: The customer understands that the required Personal Identification Number (PIN) verification must be provided by Customer.
3.Services provided: The customer understands that Innovative Marketing attempts to optimize various targeted keywords for cities where customers operate their businesses. The customer understands that Innovative Marketing strives to deliver the services offered below in as timely a manner as possible. a. Creation of profile pages purchased b. If Google + product is purchased; a minimum of 2 front page placements within 30 days or billing is paused upon request. Product Disclaimer: *All products may not be available within all countries.
4. Agreement Term, Cancellation and Refunds: Customers have agreed to the term of the agreement for the rate plan which they select. Innovative Marketing will not issue refunds for services already rendered, but exceptions may be made on a case-by-case basis. When requesting a refund, the customer must contact Customer Service and each case will be reviewed. Refunds are not guaranteed and if one is granted, it will only be granted on a prorated basis. Generally, a customer may cancel their service with 5 days’ notice to avoid future charges, but are not entitled to a refund of previous payments. Innovative Marketing cannot and does not guarantee a return of investment (ROI).
5. No Liability: Innovative Marketing, its suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns, shall not be liable for any damages whatsoever, including, without limitation, direct or indirect damages for loss of business profit, personal injuries, business interruptions, state licensing requirements, city ordinances, business information loss, or any other loss resulting from the use or inability to use Innovative Marketing's products. The maximum liability shall be limited to the amount actually paid for the services provided.
6. Indemnity: Customer shall indemnify and hold Innovative Marketing, its successors, suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns harmless from any liability or loss resulting from any judgments or claims against Customer.
7. Customer Disclosure: Customer Disclosure: The customer agrees to inform Innovative Marketing, in writing of any internet advertising campaigns it has performed or is performing prior to agreeing to service. Failure to disclose this information may compromise the services provided by Innovative Marketing. In addition, the customer must provide 1 physical location address which can receive mail for each service location. Without a physical location, it is more difficult for Innovative Marketing, Inc. to obtain front page placements. Customer further agrees that they will only use Innovative Marketing service for lawful purposes only.
8. Billing: Customers may request a change in their method of payment by emailing customer service at email@example.com. Customer consents to automatic recurring charges to their credit card or checking account.
9. Cancellation of Services: If customer wishes to cancel their service, they must call in and request to cancel service. If customer has selected a (1) one year or (2) two year agreement, a cancellation fee of 50% of the outstanding balance is due and payable upon cancellation.
10. Purchase of Domain: If customer opts to purchase a domain through Innovative Marketing and decides to cancel their service, customer may, but does not have to, purchase their domain for a set fee. If customer does not purchase their domain, it will revert back to Innovative Marketing and customer will have no control over the domain.
11. Communication: The customer agrees to be supportive of their internet advertising campaign and agrees to be responsive to Innovative Marketing requests in a reasonable period of time, and acknowledges if they are not, it may affect performance of such products.
12. Consent to AutoDialing: You agree and consent that Innovative Marketing and its affiliates may contact you through an automated dialing device to update you regarding the status of your account.
13. Respect of Intellectual Property: The customer agrees to respect all trademarks, copyrights and any other intellectual property. Customer certifies it owns or has permission to use any image uploaded or otherwise provided to Innovative Marketing.
14. Terms and Conditions: Innovative Marketing may change its terms and conditions without prior notice, at its sole discretion. To document your terms and conditions for your service, we recommend that you print these terms and conditions and store them in a file or electronically.
15. Governing Law and Venue: By purchasing Innovative Marketing’s service you agree that your agreement shall be governed by the laws of the State of California. You also agree and hereby submit to the jurisdiction and venue of the State of California, County of Orange, with respect to any such matters relating to your purchase of Innovative Marketing's goods.
16. Agreement to Arbitrate: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered by a California court, whereby Customer consents to personal jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a Court located in the County of Orange in the State of California.
17. Authority to Sign: The person agreeing to service on behalf of the customer hereby represents and warrants that he or she has the authority, and ability, to act on behalf of the customer.