TERMS OF SERVICE
(Updated 8/12/13)
End User Terms of Use
Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth (“Privacy Policy”), apply to your use of the portions of this website on which links to either or both of the Terms of Use or the Privacy Policy appear (the “Site”). Other portions of this site may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy and any other terms of use or privacy or other policies, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the Site.
By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.
You agree that you are responsible for all files and content posted to your account. You may not give anyone else your username or password. You must be 13 years old or older to access this site and must be a human being. No account registered by automated programs or “bots” are allowed. You agree to use the Site and Services at your own risk. You may not use this Service for any illegal purpose or activity.
You may not access the Service if you are a direct competitor (in Media, Marketing, IT Consulting industries) of Rezon8 llc. except with Rezon8 llc’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other bench-marking or competitive purposes. You are responsible for maintaining the security of your account information, including your username and password. Rezon8 llc. will not be liable for any damages or loss resulting from your failure to do so.
You also agree that you will not reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, content, functions or graphics of the Service, or (c) copy any ideas, features, content, functions or graphics of the Service. User accounts cannot be shared or used by more than one individual user.
Introduction
This Site is provided as an interactive and informational resource. It is provided to you by the owner of this site (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. All content is (c) to its respective owner. You maynot download any audio, video or other
Use of the Site
This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider’s. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.
By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age or violating any other terms of use.
Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.
THIRD PARTY INTERACTIONS
During use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. Rezon8 llc and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Rezon8 llc does not endorse any sites on the Internet that are linked through the Service. These links are provided to you only as a matter of convenience, and in no event shall Rezon8 llc or its licensors be responsible for any content, services or other materials on or available from such sites. Rezon8 llc provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software or services may require your agreement to an additional or different license or other terms prior to your use of or access to such software or services.
In some cases we maintain affiliate, agency and or partnership status of varying degrees with third parties and do our best to ensure each respective page be visibly noted when there is an affiliate relationship. In the case of partnership, agency or other relationships we may hold with vendors or third party entities we shall supply required disclaimer information in this section:
As related to Google AdWords services we may utilize on behalf of a client, Google requires the following notice which can be found here: http://www.google.com/adwords/thirdpartypartners/, as of 8/12/2013 the policy reads:
“Advertiser Guide: working with a third-party partner
Introduction to online advertising and AdWords
AdWords is Google’s advertising product, which displays your ads to people looking for products or services similar to those that you offer on Google or its partner sites. Advertising with AdWords allows you to reach new customers at the precise moment they’re searching for your type of products and services. You can choose to be charged for clicks, impressions, or conversions, depending on the type of campaign you run.
Once your ads are running, we provide performance data so your third-party partner can track what’s working and what’s not. AdWords is highly accountable, helping you understand precisely the return on your advertising investment and allowing your third-party partner to make adjustments to optimize for the best possible return.
In addition to Google search, you can also run ads on Google’s network of partner sites (places where you may have seen the “Ads by Google” message) – including YouTube. On this network, you can take advantage of other ad formats, such as image ads and video ads.
Google and third-party partners
We believe that AdWords can help your business succeed. However, you might not have the time or resources to devote to building – and regularly maintaining – a successful AdWords account. Or maybe you’d just like some help from an expert.
That’s where our third-party partners come in. There are many different types of third parties out there, from the largest advertising agency and yellow page publisher to the one-person web consultant. To help you select a third-party partner, we’ve developed our Partner Programs. Third parties participating in these programs will display a badge on their website and have taken and passed certification exams. Two badges that you’ll probably see most often are AdWords Certified Partner and Premier SMB Partners. See the badges and learn about our Partner Programs at www.google.com/adwords/partnerprograms.
To confirm that a company is certified within our Partner Programs, click the badge on their website. If they’re certified, you’ll be taken to the company’s profile page on Google.com.
How to work with a third-party partner
An AdWords third-party partner can save you and your business a lot of time and energy. For best results, we encourage you to stay informed, involved, and up-to-speed on your ad campaigns, and let your partner handle the time-consuming work.
Third-party partners will often charge a fee in addition to the cost of your advertising. Remember, they’re providing a valuable service by managing your AdWords campaigns, providing you with reporting, answering your questions, and optimizing your campaigns, among many other things. We believe it’s important for you to understand the total cost of your AdWords advertising, including any fees your third-party partner charges. Use this amount to determine your return on investment (ROI).
Here are five quick tips for being a savvy customer:
1. Be selective When selecting a third-party partner to work with, look for companies that display a Certified Partner or a Premier SMB Partners badge. You can use Google Partner Search to verify that a company is certified, or to search for certified partners. As part of your selection process, be sure that you understand and are comfortable with the length of the contract you’re entering into with the partner. There are a few other criteria to help you choose the right third-party partner for you:
Has this third-party partner worked with businesses in your area before?
What about businesses with similar budgets or target audiences?
What other services can they provide – alongside AdWords – to grow your business?
2. Pick one partner You may be tempted to divide your budget among multiple third parties to see which one drives the best results. You’re welcome to do this as long as you test them one at a time. Google doesn’t display more than one ad for a business on a page of search results, so you’ll find it difficult to test multiple third parties at once.
3. Educate yourself Understanding AdWords at an advanced level can take time, but it doesn’t take much time to learn the basics. Review the “AdWords basics” section below or visit the AdWords Help Center at adwords.google.com/support/aw to learn more. Understanding AdWords will help you make more informed decisions with your third-party partner.
4. Trust experience If you’re working with a company that’s managed hundreds of AdWords accounts, then it’s likely that they’ve developed expertise with AdWords. If they tell you that certain industries have historically higher online-advertising costs or certain keywords might not work for your business, they’re probably speaking from experience.
5. Evaluate your performance Unless you’re focused on branding, what matters most about AdWords is the return on your advertising investment (i.e. the number of new customers coming in the door). So take some time each month to measure what you’re investing, and the results you’re receiving from that investment.
What to watch out for
We believe that it’s important for you to have a great experience with AdWords. If this isn’t the case, please let us know. Be sure to first work with your third-party partner to try to resolve any issues before contacting us.
Many third parties have earned our trust by representing the best interests of their advertisers. There are some third parties that are not acting in this way. Here are some activities to watch out for and let us know about:
Not sharing the cost and performance of AdWords campaigns: You have a right to know, at a minimum, the number of clicks, impressions, and cost of your AdWords advertising.
Guaranteeing ad placement, either on a specific advertising channel or in a specific position: It’s not possible to guarantee a specific ad position on Google.com search results pages. AdWords ad position is determined by an auction and changes dynamically with every new search. Some third parties may only charge you if they achieve your desired ad placement, but those that guarantee a specific position (i.e. the top position every time a user searches for your keyword) are misrepresenting how AdWords works.
Claiming to be from Google: Ask this person for their name and to email you from their Google.com email address; if you’re still unsure, forward the email to the address above.
Harassing or bullying you into signing up: Only you can remove your business from the natural or organic search results on Google.com.
Deceptive pricing: The agency may not use the correct advertising budget as agreed with you — make sure that you get an official copy of your agreement in writing.
Claiming AdWords will affect your organic or natural ranking: AdWords advertising has no impact on your organic or natural ranking in the search results; the two are completely separate.
AdWords basics
Keywords: The words or phrases you select – when users search for those words on Google, your ad may appear next to or above the search results.
Clicks: The number of times users clicked your ad. Impressions: The number of times your ad appeared.
Clickthrough Rate (CTR): The number of clicks divided by the number of impressions, shown as a percentage. A good CTR can improve your average position.
Average Position: The average position that an ad appears in when it’s triggered. An average position of 1-8 generally means that the ad is appearing on the first page of search results.
Cost: The total amount you spend with AdWords.
Conversion: The action that your advertising results in, such as a phone call, lead, or sale. This is usually a good metric to use to measure the success of your advertising.
Disclaimer: While we may not respond personally to your email, we will investigate your comments and, if necessary, take the appropriate action. If you have a question about your AdWords account and need help, please visit the Help Center at http://adwords.google.com/support/aw/. ”
User Content
The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider’s posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider’s a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider’s may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In addition to the foregoing licenses, you hereby grant both us and our Service Provider’s a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider’s.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We and our Service Provider’s may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic 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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(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.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Ian Lowell, c/o Rezon8 LLC, 2034 Crooks Rd. Royal Oak Michigan 48073 USA email: info at rezon8 dot net or fax (413) 513-2065. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on this site.
Indemnity
You agree to defend, indemnify, and hold us and our Service Provider’s harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Providers without restriction.
These Terms of Use are governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the County of Oakland closest to the City of Royal Oak in the State of Michigan. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider’s unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Terms of Sale
If you make a purchase from this website the following terms apply. All sales are final. No returns, refunds or exchanges are allowed. Cancellations that are submitted prior to commencement of work or requisite orders may be refunded at the sole discretion of Rezon8 LLC. If any loss is incurred by Rezon8 LLC as a result of your order and subsequent cancellation, a cancellation fee equal to the costs incurred by Rezon8 LLC for your order will be deducted from your refund.
