Terms and Conditions of SmallBusinessSEOSuccess.com and BTM Group, LLC
Your acceptance of Terms.
These terms and conditions (referred to as this “Agreement” or “Terms and Conditions”) apply to all products and services supplied by this company business (BTM Group, LLC) and this website (Hereinafter “Website”), a business organized under the laws of the State of New Jersey. We may be contacted as described below.
Your use of the Website (as defined below) and/or placing of an Order with website shall constitute Your acceptance of these Terms and Conditions. Read these Terms of Service and Conditions of Use very carefully before you decide to use this Site. By using our Site, you agree to our terms and conditions. If you do not agree to our terms and conditions, you may not use or access our Site.
ACCORDINGLY, YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AND, IF YOU DECIDE TO CONTINUE TO USE THE WEBSITE OR DECIDE TO PLACE AN ORDER WITH WEBSITE, YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
You may only use the website or place an order if You are 18 years of age or older. If You do not agree with these Terms and Conditions, or if You are under the age of 18, You should immediately refrain from using the website and should not place an Order for our services through this website.
The communications between you and Website are electronic. You consent to receive communications from Website in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
The following terms when used in these website Terms and Conditions or any document referred to herein shall have the following meaning:
“Website” means, collectively, this website, this company, and any associated websites operated by website for the provision of the Services, including, but not limited to www.SmallBusinessSEOSuccess.com, and any websites of business affiliates of website..
“Order” means a Website Order.
“We” or “Our” means Website or the business, BTM Group, LLC.
“Web” means the public internet.
“You” means you, the end user of the Service. “Your” shall be construed accordingly.
• What information we collect and why we collect it.
• How we use that information.
• The choices we offer, including how to access and update information.
You acknowledge that interruptions in the website and/or other events may occur that are beyond the control of website, and that website shall not be responsible for any data lost while transmitting information on the Web or otherwise. While website aims to make the website accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of website, access to the website may be interrupted, suspended or terminated from time to time.
Conditions of Use of the Site
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
• are 18 years of age or older;
• will comply with these Terms;
• are able to form a binding contract with us;
• are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
• are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
• will not impersonate another user of the Sites and/or Services.
Account Management, Security, and Hardware/Equipment
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the website and as a User of this Site, you agree that together with the use of this Site you must have the following requirements: (a) provide your own means to access the Internet and subscribe to any service that will provide you with access to the web and (b) provide all the equipment that you need to access the web. Equipment includes a computer, software, cables, modem and any means that you use to connect to the Internet. SmallBusinessSEOSuccess.com and BTM Group, LLC is not responsible for any crashes, errors and malfunctions that may happen to your equipment when you access the Site.
You may be required to create an account in order to use the website. This is required so We can provide You with easy access to your past purchases, modify Your preferences, and to ensure permissible use of the website and our Services.
You are responsible for protecting the confidentiality of Your password(s), if applicable.
You may need to register by creating an account with the Website (either by registering directly with us or by allowing a Website application to connect (for example through your Facebook profile) (an “Account”) in order to obtain access to certain Services, possibly including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Website Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Website may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Website relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Use of the Website.
You shall ensure that Your use of the website will at all times be in accordance with all applicable laws. You agree not to post or transmit through the website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without website’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in website’s sole discretion restricts or inhibits any other end user of the website from using or enjoying the website is strictly prohibited. You agree not to use the website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with website. For Your protection, website reserves the right, in its sole discretion, to void or reverse any transaction that website suspects may be fraudulent.
The foregoing provisions of this Section apply equally to and are for the benefit of website, its Affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
SmallBusinessSEOSuccess.com does not solicit or wish to receive any confidential, proprietary information or materials through the Site, by email, through any of its services or in any other way unless requested by the company, BTM Group, LLC.
Between the User and SmallBusinessSEOSuccess.com as well as the Site’s affiliates, the company, BTM Group, LLC is the owner and the authorized User of any trademark and service mark that appears on the Site. The company is also the copyright owner of the content and information shown on the Site unless indicated. Except provided herein, the use of this Site does not necessarily give any Users license to any of the Site’s content, materials and features that may be accessed through the site. Commercial usage of this Site is strictly prohibited, except allowed therein or approved by the Site owners. Users may not save a copy of any of the content or screen shots of the Site except otherwise stated in the Terms and Conditions. Users are allowed to print only one (1) copy of the information on the Site for their personal records. For any other use of the Site except the ones stated above, it will be a complete violation of copyright and other laws of the United States, other countries included are appropriate state laws. A User that has been found to violate these rules may also be subject to the liability for unauthorized use. Small Business SEO Success does not provide licenses or authorization to any User to use the company’s trademarks, service marks and other intellectual property on the Site. Users also agree and acknowledge that all ideas, methods, plans and other similar items that you provide us or communicate to use may be used by the company in any manner.
User Information and Content
Likewise, material or information that Users submit to SmallBusinessSEOSuccess.com or otherwise made available through the Site will be treated as non-confidential. When you submit your material on the Site the User:
Agrees that the material you sent will not be treated as confidential or proprietary information.
Represent and agree that the material you sent is original, that you and no other party claims the rights to the material, the material does not contain any unlawful, profane, tortuous, harassing, defamatory, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions of sexual acts including but not limited to sexual language, invasive of another individual’s privacy or hateful in nature.
The material does not contain viruses or other entities that are harmful to our hardware and software.
The material does not contain any advertising or false facts.
The User grants SmallBusinessSEOSuccess.com and BTM Group, LLC the royalty-free, unrestricted, perpetual, irrevocable, unrestricted, non-exclusive and full sub-licensable right to use and to modify the content. The User also allows the company to translate, distribute and display the material you submitted in whole or in part in a worldwide scale. The User also warrants that any moral rights in the material you submitted have been waived as well.
SmallBusinessSEOSuccess.com does not solicit or wish to receive any confidential, proprietary information or materials through the Site, by email, through any of its services or in any other way unless requested by the company, BTM Group, LLC.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, the Website owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “Website,” which appear on the Sites and/or in the Services are the service and trademarks of Website or affiliated entities. Without Website’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Website or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Website, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
All content located on or in the website is the exclusive property of website and BTM Group, LLC or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF WEBSITE IS STRICTLY PROHIBITED.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and / or criminal penalties.
The website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of website protected by copyright as a collective work under the United States copyright laws. website owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re transmission, publication or commercial exploitation of downloaded material without the express permission of website and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the website shall not be deemed to be in the public domain but rather the exclusive property of website, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of website, unless otherwise stated.
You shall not upload, post or otherwise make available on the website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. website does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the website, You warrant that the owner of such material has expressly granted website the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant website the right to edit, copy, publish and distribute any material made available on the website by You.
The foregoing provisions apply equally to and are for the benefit of website, its Affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners.
SmallBusinessSEOSuccess.com and the company, BTM Group, LLC does not guarantee the truthfulness and the accuracy of any advertising found in the site or any material posted by other Users in the Site. The company also does not endorse any opinions that are expressed by the Users or other members of the Site. Contents that are placed on the discussion area on the Site are individual views of Users and do not represent the overall views of SmallBusinessSEOSuccess.com or the company, BTM Group, LLC.
EXCEPT FOR (i) THE WARRANTIES WHICH ARE STATED IN THESE TERMS AND CONDITIONS; AND (ii) WARRANTIES WHICH WEBSITE IS OTHERWISE REQUIRED TO PROVIDE TO YOU BY LAW (WHICH ARE KNOWN AS YOUR “STATUTORY RIGHTS”), NO OTHER WARRANTIES ARE PROVIDED BY WEBSITE IN RELATION TO THE SERVICES.
ALL OTHER WARRANTIES WHICH CAN BE EXCLUDED BY LAW ARE HEREBY EXCLUDED BY WEBSITE TO THE MAXIMUM EXTENT PERMISSIBLE.
IN PARTICULAR, NEITHER WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
Limitation of Liability.
NOTHING IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF ANY PARTY FOR (I) FRAUDULENT MISREPRESENTATION; OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
FOR THE AVOIDANCE OF DOUBT, AND AS MENTIONED ABOVE, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.
SUBJECT TO THE FOREGOING STATEMENTS WHERE WEBSITE DOES ACCEPT LIABILITY, THE REMAINDER OF THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WEBSITE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR AUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE (UNLESS THEY HAVE ACTED FRAUDULENTLY OR RECKLESSLY), OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR INDIRECT OR CONSEQUENTIAL DAMAGES.
WEBSITE IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY WEBSITE. FURTHERMORE, WEBSITE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, THIS SECTION 8 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, WEBSITE’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Access to Sites and Services:
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
• any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
• any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Website or the Service Providers featured hereunder or any commercial purpose, including marketing;
• any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
• deep-linking to any portion of the Site;
• framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
• using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
• using the Site and/or Services to generate unsolicited email advertisements or spam; or
• using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Website.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
You agree to defend, indemnify and hold harmless website, its Affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of Your use of the website.
Website reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Service Providers. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Service Providers. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third Party Interactions.
Changes and Right to Modify.
This Website shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Service Provider deals, content, hours of availability and equipment needed for access or use. Further, website may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Website reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. However, any such changes will not affect any Order which has been placed by You and accepted by website. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your Order was accepted.
We suggest that You re-read this Agreement from time to time in order that You stay informed as to any such changes. If We make changes to this Agreement and You continue to use the Service, You will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon website posting them on the website. Any use by You of the Service after such notice shall be deemed to constitute acceptance by You of such modifications.
Third Party Content.
By posting communications on or through the website, You shall be deemed to have granted to website a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees. The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. Website reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of Website.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Website a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Website and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Website for all claims resulting from User Content you supply. Website takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Term of Service and Termination of Services or This Agreement.
By subscribing to services through SmallBusinessSEOSuccess.com, and BTM Group, LLC you are engaging in a binding, recurring subscription, for six months at a time. If, after the first six months, you wish to terminate your subscription with our website and with BTM Group, LLC, you may do so by: (A) notifying Website at info@SmallBusinessSEOsuccess.com; or (B) closing your Accounts for all of the Services that you use.
This Website may terminate this Agreement and/or the continued provision of the Services at any time. However, any such termination will not affect any Order which has been placed by You and accepted by website. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your order was accepted.
Without limiting the foregoing, website shall have the right to immediately terminate any of Your passwords or accounts in the event of any conduct by You which website, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
Website or the company, BTM Group, LLC may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Website is required by law to do so; (iii) the partner with whom Website has offered the Services to you has terminated its relationship with Website or ceased to offer the Services to you; (iv) Website no longer provides Services in the country or state in which you reside; or (v) Website determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, Website reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Website may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Website, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services.
This Agreement, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Website’s and company, BTM Group, LLC headquarters are in New Jersey, in the USA. Legal issues arising out of, but not exclusive to your usage of the Service shall be governed by and in accordance with the laws of the State of New Jersey (exclusive of its rules regarding conflicts of laws). By using the Service you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the website shall be finally settled by arbitration in New Jersey under the rules of arbitration of the American Arbitration Association.
The User and SmallBusinessSEOSuccess.com or BTM Group, LLC agree that any cause of action that may happen under this Agreement shall be commenced and be heard in the appropriate court in the State of New Jersey, County of Bergen. The User and SmallBusinessSeoSuccess.com or BTM Group, LLC each agree to submit to the personal and exclusive jurisdiction of the courts located within Bergen County in the State of New Jersey the failure of SmallBusinessSeoSuccess.com or BTM Group, LLC to exercise any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Terms and Conditions is found by a court to be invalid, the parties nevertheless agree that the court should rule to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The User also agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within a period of one (1) year after such claim or cause of action arose or be forever barred.
Any dispute related to these Terms and Conditions, the website, the company or the Service must be submitted to arbitration and you must bring any claims in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and Website may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Website shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or Website customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in New Jersey.
Copyright Notices – DMCA
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for Website’s Copyright Agent for notice of claims of copyright infringement is as follows:
Modification of this Agreement.
SmallBusinessSeoSuccess.com or BTM Group, LLC may change any part of the Terms and Conditions from time to time and at any time without notice to its Users or registered members. SmallBusinessSeoSuccess.com and BTM Group, LLC reserve the right for any reason possible, in the company’s sole discretion, to terminate, suspend or discontinue any section of the Site, including, but not limited to, the Site’s content, features, contact details, company information or hours of availability for inquiries. By using the Site following any changes that was made to the Terms and Conditions, the User agrees to be responsible by any such modifications to the Terms and Conditions. SmallBusinessSeoSuccess.com or BTM Group, LLC may also create limits on certain features of the Site or restrict any User’s access to a part or the entire Site without any notice.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND SmallBusinessSEOSuccess.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.