SEO Simplified Terms
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the SEO Simplified Course outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Sabiartistry LLC, a Ohio Limited Liability Company, (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of forty seven dollars ($47), Client has agreed to purchase The SEO Simplified Course (hereinafter “Program”). In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Company will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her training.
Program Details
The SEO Simplified Course is a digital course designed to give you a series of strategies that you can use to optimize your website for search engines.
Company will provide the services outlined in detail in the attached Program Outline Addendum. Client confirms he/she has read the Program Outline Addendum, asked Company any and all necessary questions, and conducted any research necessary to feel he/she understands what is (and isn’t) being provided in Program.
Confidentiality
This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, social media strategy, content strategy, key performance indicators tracked by Company, other proprietary information from Company, financial information, strategy sessions, exercises, or other methodologies Client learns as a result of working with Company, plans or outlines for future programs or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property (discussed below.)
Client and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Company shall survive the expiration of this Agreement and Company’s services. This means Client and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
Use of Confidential Information
Throughout the course of the Program and services, Company understands she may be granted access to Client’s personal information, including log-in usernames and passwords for various pieces of Client’s business, as well as banking or account information, and other personal information necessary to run Client’s social media. Client agrees she is hereby giving these to Company on a voluntary basis, and understands Company will not utilize this information beyond her need, and will not share information with anyone other than her team, who will utilize the information in building Client’s site ONLY. Client understands Company is not responsible nor liable, nor will Client hold Company responsible or liable, should Client’s personal information be shared due to computer hacking or other unauthorized, illegal tampering of Company’s business.
Intellectual Property Rights
Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, tutorial videos, trade secrets, marketing strategies, social media strategies, guides, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Company as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Rights to Work Completed
Client understands and agrees that all final work completed by Company specifically for Client shall be owned by Client; Company will assign all rights to all Intellectual Property in the specific and completed content to Client following completion of payment. However, Client agrees Company may use portions of the work completed for the purpose of displaying the work on Company’s website, for advertising purposes. Client agrees that Company is hereby granted this permanent, irrevocable license to use and display the work completed as Company desires, on her website, social media, or portfolio.
Content Provided by Client
Client certifies she owns the intellectual property rights in any graphics or content that is provided to Company for display on Client’s website pages. Should it be determined at a later date that Client did not have sufficient rights to the content or graphics Client provided for use on website and across all platforms, Client agrees to fully indemnify and hold Company harmless from any action taken by the rightful owner of any content or graphics used, and releases Company from any such claims.
Payment
Client agrees to render payment via STRIPE and understands that the full purchase amount is due and payable upfront. Client agrees that absent an agreement regarding a payment plan with Company, he/she must complete payment in full before becoming entitled to any products or services included within Program.
Payment Plan:
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within seven(7) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of Client’s account will become due and payable. If Client’s account is turned over to collections, Client understands and agrees he/she is responsible for any and all fees accrued, in addition to the original account outstanding balance.
Company reserves the right to cancel or cease working with Client should he/she/they fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company in exchange for material given thus far, and it is up to the sole discretion of Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Refund Policy
Company is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that he or she is not entitled to a refund once payment has been issued to Company.
Client further agrees and understands that changing his/her/their mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her/their actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
Disclaimer
Client agrees and understands that Company cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Company harmless if he/she/they do not experience the desired results. Client is entering into this agreement voluntarily and of his or her own free will, and readily understands that he or she may or may not experience results desired, or achieved by other clients of Company.
Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she/they does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of his or her work with Company, as long as Company delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
Client understands and agrees that should Company or Company’s team provide any personal technical assistance to Client, including but not limited to editing, creating, updating, or fixing a portion of Client’s website or any technical component of his or her business, Client will hold Company harmless for any inadvertent human errors made in the process. This may include (but is not limited to) inadvertently selecting an incorrect item on a dropdown menu during setup, or otherwise making an editable error of similar kind.
Client also understands and agrees to hold Company harmless from any issues – technical or otherwise – arising from the use of any programs or software systems chosen by Client, including but not limited to how Client wishes to take payment, automate email sequences, which CRM and website host to use, and other similar decisions made by Client. Company may provide advice or tips with respect to which program or system to select, but Client agrees it is ultimately his or her decision, and agrees Company is not liable or responsible for any malfunction or negative experiences associated with these systems.
Review of Work: Client agrees he or she is responsible for reviewing any and all work completed prior to completion. Client understands should he or she fail to adequately review work and an error is not caught prior to completion of work, or should Client and Company fail to catch an inadvertent error, Company is not responsible nor liable for any negative ramifications or effect of such error on Client’s business or experience, and Client agrees not to hold Company responsible for same.
Dispute Resolution
Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.) If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in FRANKLIN COUNTY, OHIO within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of OHIO regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of OHIO are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.
Client and Company agree this Agreement constitutes the entire agreement between Company and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Company or Company’s team, and is in full agreement with the terms outlined herein.