By visiting our website and using the services of Nexus SEM, you are expressly agreeing to the following Terms and Conditions: Services Provided Customer understands that Nexus SEM attempts to optimize various targeted keywords for cities where Customers operate their businesses. Customer understands that Nexus SEM strives to deliver the services offered below in as timely a manner as possible: ● ● ● Completely Functional Google Places Business Profile Completely Functional Yahoo Business Profile Completely Functional Bing Business Profile All products may not be available within all countries, provinces, states, cities, and other locations. PIN Verification Customer understands that a Personal Identification Number (PIN) verification is required for service. Generally, this verification requires a call from Nexus SEM Product Fulfillment Team (PFT) to the Customer to help with the verification process. Communication Customer agrees to be supportive of their internet advertising campaign and agrees to be responsive to any request from Nexus SEM in a reasonable period of time (within 14 days of request), otherwise the performance of the service may be affected. Customer Disclosure Customer agrees to inform Nexus SEM 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 Nexus SEM In addition, the Customer must provide a physical location address which can receive mail for each service location. Without a physical location, it is more difficult for Nexus SEM to obtain front page placements. Customer further agrees that they will use Nexus SEM service for lawful purposes only. Service Plans and Billing When the Customer signs up for the Nexus SEM service, Customer is given several options and packages that are available. To begin the service, Customer must provide an active credit card or checking account for billing purposes. Customers may request a change in their method of payment by emailing Customer Service at [email protected] . All of the Nexus SEM services will renew automatically, unless Customer notifies Nexus SEM 7 days prior to the date the plan is set to renew. Unless the billing date falls on a day banks are closed, the Customer is generally billed on the same day of the month as the original signup for each subsequent billing interval. If Customer selects the Month To Month Plan, then credit card or checking account will be debited monthly, based on the date the Nexus SEM account is first created. Customer can cancel the Month To Month Plan at any time 7 days prior to the day before the Customer’s credit card or checking account is to be debited for renewal. If Customer selects the 6, 12 or 24 Month Plan, then the credit card or checking account will be debited monthly, based on the date the Nexus SEM account is first created. Customer can cancel the 6, 12 or 24 Month Plan at any time prior to the 30th day before the Customer’s credit card or checking account is to be debited for renewal. The account will convert to a month to month plan after completion of chosen plan. If Customer selects the PrePay Plan (for 3, 6, 12 or 24 Months), then checking account will be debited at intervals of 3, 6, 12 or 24 Months, (corresponding to the PrePay Plan selected), based on the date the Nexus SEM account is first created. Customer can cancel the PrePay Plan at any time prior to the 30th day before the Customer’s checking account is to be debited for renewal. 90 Day Guarantee The “90 Day Guarantee” shall refer to Local SEM service only. Nexus SEM guarantees that Customer will be ranked organically on the first page of Google, the first page of Yahoo and the first page of Bing respectively for one (1) of the Selected Keywords or Targeted Keywords within the first Ninety (90) Days from Customer’s enrollment date. If Nexus SEM does not produce a first page ranking after a threemonth time period, then the service will be extended free of charge until such time that a first page ranking has been achieved. Once first page ranking has been achieved, contract charges will resume as per client agreement established upon enrollment date. No Refunds Customer is not entitled to, and Nexus SEM is not obligated, to grant a refund of any money debited to Customer’s credit card or checking account based on the cancellation of the Nexus SEM service (whether Customer had the Month To Month, 6, 12 or 24 Month Plan or the PrePay Plan (3, 6, 12 or 24 months). Cancellation of Service To cancel the Nexus SEM service, Customer must send an email to Nexus SEM at pft@nexussem requesting a cancellation. When the cancellation request is processed successfully, Nexus SEM will send a confirming email to Customer to the email address on file with your account. Customer should respond to this confirmation email to confirm their cancellation request. Customer must be aware that if Nexus SEM does not receive a response to the cancellation email, then the account is not deemed cancelled and you will be obligated for future charges. Purchase of Domain In providing the service to Customer, Nexus SEM can purchase one or more domains for use in servicing Customer’s account. Any domain(s) purchased and registered by Nexus SEM are the sole property of Nexus SEM. Customer must obtain the prior approval and consent from Nexus SEM if Customer wants to have the domain(s) transferred from Nexus SEM to any other registrant. If Customer cancels the service with Nexus SEM and does not purchase their domain, the domain(s) and related website will become nonfunctioning and inactive. No Liability Nexus SEM, its suppliers, affiliates, officers, directors, employees, subsidiaries, agents, partners 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 Nexus SEM’s products. The maximum liability shall be limited to the amount actually paid for the services provided. Indemnity Customer shall indemnify and hold harmless Nexus SEM, its successors, suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns from any liability or loss resulting from any judgments or claims against Customer. Consent to AutoDialing You expressly agree and consent that Nexus SEM and its affiliates may contact you through an automated dialing device to update you regarding the status of your account. Respect of Intellectual Property 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 Nexus SEM. Nexus SEM is not responsible for any images not owned, but supplied by client to Nexus SEM. Change of Terms and Conditions Nexus SEM may change these Terms and Conditions without prior notice, at its sole discretion. To document the terms and conditions for your service, we recommend that you print these terms and conditions and store them in a file or electronically. Governing Law and Venue By purchasing Nexus SEM 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 Los Angeles, with respect to any such matters relating to your purchase of Nexus SEM goods. Agreement to Arbitrate Any dispute, claim or controversy arising out of or relating to the services provided by Nexus SEM or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined by mandatory binding contractual arbitration in Los Angeles 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 provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a Court located in the County of Los Angeles in the State of California. Authority to Sign The person agreeing to service on behalf of Customer hereby represents and warrants that he or she has the authority, power and ability to act on behalf of and legally bind the Customer.
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