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Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. ONLINE SOURCE MEDIA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL ONLINE SOURCE MEDIA OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER ONLINE SOURCE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on This Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
ONLINE SOURCE MEDIA LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY ONLINE SOURCE MEDIA LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER ONLINE SOURCE MEDIA LLC NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER ONLINE SOURCE MEDIA NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Changes to This Agreement
ONLINE SOURCE MEDIA reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them.
If you 'the client' fails to maintain the agreed upon price for the website, or website with SEO you will be responsible to pay the original 12 months from the date the agreement was signed. If you choose to build an alternate website, you do not have any rights to use any of the page names, descriptions or any other work that was provided by Online Source Media LLC. If the agreement has been paid in full the content in the website, page name, descriptions, file names, metadata information belongs to the work of Online Source Media and may not be used in exact manners. Any Violation of this will be assumed copyright infringement and will constitute payment to Online Source Media LLC for the duration of the used information and may reflect in penalty for not have authorization for use of work.
Payments are due on the first of each month and are considered late after the 5th. A late charge of $25 dollars will be added to the current monthly total. If credit card is on file OSM will charge the credit card on the 10th is a payment has not yet been made by check , cash or on website. A 3.5% processing fee will be added to the total amount being processed on all credit cards. If consecutive monthly payments are late OSM may request a credit to be put on file if one was not given at the start of the program. If multiple payments are due OSM may cover your information on advertised website for your company until payment and lat charges are current. If a discount has been offered OSM may request current market value for program to reestablish program or hourly rate to cover time to reinstate website information. If 3 or more monthly payments are due by dollar amount or lack of payments, website may be taken offline completely losing all SEO and marketing rankings on search engines.
Content Provided by You
"User Provided Content" means information, content and other material that any user of This Website submits or otherwise provides to ONLINE SOURCE MEDIA (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides ONLINE SOURCE MEDIA with User Provided Content, such User Provided Content will be deemed to be non-confidential, and ONLINE SOURCE MEDIA assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Content (as defined in any Advertising Agreement between you and SuperMedia) that you provide to ONLINE SOURCE MEDIA in connection with such Advertising Agreement.
You grant ONLINE SOURCE MEDIA and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to ONLINE SOURCE MEDIA, in whole or in part, in such manner, format and media as ONLINE SOURCE MEDIA may see fit in its sole discretion and for such purposes as ONLINE SOURCE MEDIA may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to ONLINE SOURCE MEDIA in this paragraph, subject to such terms and conditions as SuperMedia may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to ONLINE SOURCE MEDIA will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by SuperMedia for any purpose whatever.
You represent and warrant that you have the right and authority to grant ONLINE SOURCE MEDIA the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by ONLINE SOURCE MEDIA or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all "moral rights" that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that ONLINE SOURCE MEDIA may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because OSM will not undertake to retain copies of any material that ONLINE SOURCE MEDIA or others may delete from This Website.
OSM will det up a business page if you do not currently have on. Promote your business page or boost your post by payment through our company. We request the budget you have allocated for this program be paid upfront. In the event an agreement is made for you to pay at the end of the month a credit card needs to be on file to cover the cost of the budget, credit card processing fee at 3.5% as well as management fee which can vary, usually 20% of managed budget.
Description Number of Months Budget Per Month Management Fee Cost
Budget per month is calculated by a daily budget in the increments of $5 per day times the number of days in a month averaging 30 days in month. The dollar amount may vary from month to month depending on the number of reached new targeting individuals. The dollar amount shown in monthly budget is the maximum that can be charged for each month not including management fees or processing fees. Management fees remain the same for every month for any budget during the agreed upon time of program. A 3.5% credit card processing fee is applied to credit cards for payment of program. Payments are due in advance unless other araigments are made on contract. If credit card is declined a $35 late fee will be added.
SEO Programs - Website Leasing
With the lease of an existing website or purchase of an SEO program, OSM's goal is to get the search engines ( Google, Yahoo and Bing ) to recognize the site, pages or company. Recognition does not guarantee placement on any specific page for any specific query. OSM has zero control of the search engines algorithms and their placement of the businesses site, pages or company name. If a website is leased, purchased or OSM is hired for a SEO campaign placement on the search engines can not be guaranteed. The website, its pages or the company may have a current placement on the search engines one day and the next day it can change, OSM can not guarantee any particular placement of the site or its pages for any duration on any search engine. We are offering maintenance to the sites SEO program as we attempt to gain placement.
When leasing a website from Online source Media LLC placement can not be guaranteed any search engine.
The website may be on the first page of a search engine for a particular keyword in a particular market one day and not the next. The website may also not be on the first page of a particular keyword one day and the next day it is. The algorithms of the search engines change consistently and although we attempt first page placement , it can not be guaranteed.
If the leasing term reaches an end by the signed agreement and a new agreement has not been signed, the agreement will remain on a month to month bases until a 30 day written notice is given. If credit card on file is declined and payment is not made by the 5th of the month the late payment fee will be applied. Charges will accrue until 30 days after notice is given. You the leasee are responsible for all fees until balance is zero.
Terms and Conditions
All payments must be made no later than 5 days after the agreed date per month. A $25 dollar late fee will be applied to balance after 5 days. If payments are to be made by check and has not been made by the 10th, then credit card will be charged for monthly payment. If credit card is not valid and payment is late by 30 days or more then the contact information on the website may be removed ( including phone number and email address as well as other forms of contact.)
All SEO work are rights to Online Source Media LLC and may not be used for any other websites that are not build or serviced by OSM. All page names, descriptions, file names and other parts belong to the work of OSM and any use of these page names, descriptions, file names or other portions used by another developer with authorize OSM LLC to charge you continuously monthly for the work you are borrowing and using.
The only way to terminate a contract early is to pay the full balance off of remaining contract term . If website, SEO or any portion of the marketing agreed upon are delinquent by more than 60 days, Online Source Media has the right to full compensation of the discounted program by adding an addition 20% to remaining cost. In the event the agreement is brought to court for non payment, you the client agree by signing below that you wave your right to a trial. You will also be obligated to pay all court cost and attorney fees for both parties. You agree that you will not challenge or appeal the judgement against you by signing below. Programs become month to month without a 30 written cancellation notice at the end of term. All month to month programs will be charged an additional 5% monthly fee.
Online Source Media is not responsible for any down time the website may occur due to third party companies such as GoDaddy or other comparable companies that may maintain the domain name or host the site on their server.
Website and SEO is combined as one ( if chosen ), Online Source Media LLC allows for monthly installments to be made as agreed above. OSM goal is to build a website with the information that client , patients and customers need to see services, brands and/or products that are offered. In the event OSM can not meet the unique want(s) for the website the deposit in non refundable and payments scheduled for remainder of contract are still valid. OSM will do everything to meet the reasonable request of its clients.
Facebook Advertisement needs to be paid in advance for the budget allocated to Facebook Sponsored Ad and Boosting Program including management fee. A credit card will need to be on file to pay fro this program, management fee and processing fee. If any balance is paid by OSM and not reimbursed the client is subject to a $25 late charges, 3.5% credit card processing fee, balance.
Video Marketing and SEO. You the client own the video once it is paid and produced. For Video SEO there will only be a monthly charge for the SEO portion if it shows up on the first page of a search engine. Each Market( area ) has its own SEO and monthly fees. Two different towns/cities/counties/states each have their own monthly cost. If a Video SEO program is included, agreement total will reflect the cost of the program before the first page placement is met.
In the event that the client becomes late on payment(s), late fees, credit card processing fees or any other money owed and a law suit has been filed. The client , not OSM, will be responsible for all legal fees including but not limited too attorney's cost, court cost , filing cost and any other cost that may occur through the process to recoop the agreed upon money through the program(s).
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