By using the InternetDude.com service you are hereby agreeing to these terms of service:
1. InternetDude.com reserves the right to refuse to work with any site and either party can cancel working together at any time.
2. InternetDude.com reserves the right to change this terms of service agreement at anytime and you will be notified by email and the site will be updated to reflect any such changes. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. Because of this we encourage you to review the Terms of Service anytime you use our services. If you don’t agree to any of the change made to these Terms of Services then you must immediately stop using the services.
3. Billing – You can cancel at anytime by going to the site on the contact page and request a cancellation. However each month of service is paid in advance and is non refundable.
4. If a client is abusive to the team involved in the InternetDude.com process we will note it and cancel the package.
5. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF YOUR CONTRACTORS, EMPLOYEES, ASSOCIATES, VENDORS, OR PARTNERS IN REGARDS TO YOUR ONLINE ACCOUNTS, WEBSITE, ONLINE REVIEWS, EMAIL DELIVERABILITY ISSUES, DOMAIN STATUS, WEBSITE SECURITY, ONLINE ADVERTISING, SOCIAL MEDIA ACCOUNTS OF ANY KIND. WE ARE ALSO NOT RESPONSIBLE FOR ANY ONLINE ACCOUNT BANS OR STATUS ISSUES, SEARCH ENGINE PLACEMENT DECISIONS, VIRUSES, SERVER ISSUES OR ANY TECHNOLOGICAL ISSUES OF ANY KIND.
6. WE CAN TURN DOWN AN ACCOUNT FOR ANY REASON OR CANCEL A PLAN FOR ANY REASON. THERE ARE NO GUARANTEES OF ANY KIND THAT YOU WILL GET MORE BUSINESS BY USING THE InternetDude.com SERVICE.
7. InternetDude.com has a team of freelancers and consultants that may be called in to advise or implement parts of your purchased plan and technical buildouts on your site and web presence.
8. InternetDude.com has built an archive of proprietary processes and software that may be used in the management of your online ads and web presence. You claim that you have no ownership rights to the software or processes, and once a package engagement is canceled, these digital assets will no longer be used in the management of your account and you will no longer have access to them.
9. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If anything written and agreed upon in these Terms of Service shall be held to be unenforceable or invalid, the validity and enforceability of the remaining terms of service shall remain in full force and effect.
10. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS TERMS OF SERVICE, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Choice of Law: The laws of California shall govern the validity of this Terms of Service, the construction of its terms, and the interpretation of the rights and duties of the parties hereto. Arbitration; Forum Selection and Venue: All disputes and claims related to this Terms of Service or any provision hereof or to the breach thereof (including, without limitation, any claim that this Terms of Service or any provision hereof is illegal, unenforceable, or voidable under any law, ordinance, or ruling) shall be settled by arbitration in accordance with the United States Arbitration Act (9 U.S.C. § 1 et seq.), if applicable, and the rules of the American Arbitration Association relating to the general rules of commercial arbitration, provided that the arbitrator shall have the right to award or include in any award the specific performance of this Terms of Service. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof.
The parties here to agree it is in the best interest of each party to designate in advance a reasonably neutral site for the status of any litigation pertaining to this Terms of Service. Toward this end, the parties hereto agree that Los Angeles, California is the exclusive venue for any litigation or other claim, and for the purpose of such litigation, any state or federal court in Los Angeles, California has jurisdiction over this Terms of Service and the Parties.
10. LIMITATION OF LIABILITY: THE PARTIES ACKNOWLEDGE AND AGREE THAT NEITHER PARTY NOR ANY OF ITS AGENTS OR PERSONNEL WILL BE LIABLE (WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, EQUITY OR OTHERWISE) FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR ANTICIPATED SAVINGS) ARISING FROM THIS TERMS OF SERVICE, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW EACH PARTY’S TOTAL AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, UNDER OR IN RESPECT OF THIS AGREEMENT, THE SERVICES, THE WORK PRODUCT OR THE CLIENT CONTENT, SHALL NOT EXCEED THE AMOUNT OF THE CHARGES PAYABLE UNDER THIS AGREEMENT FOR THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
Force Majeure: Neither party will be liable for any act, omission, or failure to fulfill its obligations under this agreement arising from any cause reasonably beyond its control, including without limitation acts of God, strikes, lockouts, riots, acts of war, acts of terror or terrorism, epidemics, governmental action after the date of this agreement, fire, communication line failures, power failures, earthquakes or other disasters (“Force Majeure”). The party unable to perform due to Force Majeure will immediately:
• Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure;
• Use all reasonable endeavors to avoid or remove the cause and perform its obligations, and will promptly perform its obligations upon abatement of the Force Majeure.
Indemnification: (a) By using the InternetDude.com service you shall indemnify, defend and hold harmless InternetDude.com, (including associates ofInternetDude.com) from and against any and all losses, costs, obligations, damages, liabilities, costs of settlement, judgments, expenses and reasonable attorney and paralegal fees on account thereof (collectively, “Losses”) resulting from or in connection with any third-party claims, suits, demands or proceedings (“Claims”) resulting from any injuries to the person or property of InternetDude.com’s personnel, including its employees and contractors, performing services pursuant to this terms of Service or any negligent or willful act by InternetDude.com.
(b)InternetDude.com is not responsible for hacking, banned google, facebook, social media or web based accounts of any kind, trademark, patent and copyright issues, tax or financial matters, violation of the can spam act, reputation issues, design problems, hosting downtime or unreliability, viruses, malware, internet discussions, plugin problems, wordpress update problems, deindexing or lower search engine rankings, software bugs and anything regarding your online reputation online. You are using this service at your own risk.
11. Backups and Data
You are solely responsible for your data, any website backups and content, code, graphics and work. TO THE EXTENT PERMITTED BY APPLICABLE LAW, InternetDude.com SHALL NOT BE RESPONSIBLE TO PRESERVE DATA. InternetDude.com SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE UNRECOVERABLE, BY REASON OF YOUR FAILURE TO BACKUP ANYTHING.
12. Information Sharing
We will never sell your data to any third parties or use your contact information for any spam purposes. However, the InternetDude.com site uses google analytics which may send browsing activity to google. Note, all web browsing and browsing history, desktop, tablet, mobile and cross device, visiting other websites or social media platforms by you or your associates is not in our control. We are not responsible for what those sites, services, browsers, or devices do to track you or anyone associated with you.