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Terms of Service

Last updated: September 15, 2023

Overview

This website is operated by Theory SEO, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Theory SEO, LLC. Theory SEO, LLC offers this website, including all information, tools, Services, and Platform available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and “Platform” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any Services, or use the Platform. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, products, or services which are added to the current website or Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by a third-party. They provide us with the online e-commerce platform that allows us to sell our products, Services, and Platform to you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of eighteen (18).

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service and Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Platform.

General Conditions

We reserve the right to refuse service or access to the Platform to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, Service, or Platform, use of the Service or Platform, or access to the Product, Service, or Platform or any contact on the website through which the Service and Platform is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Services – No Refunds, Exchanges, Returns, or Warranties

Certain products, Services, or Platform access may be available exclusively online through the website. You understand that these products, Services, and Platform access may have limited quantities and are not eligible for refunds, exchanges, returns, or warranties. 

By using our products, Services, and Platform you agree to the following:

  • We are not responsible for any changes made to a user’s website that negatively affects the search engine performance of the user’s website.
  • We do not make any guarantee on results generated from the Services and/or Platform, including but not limited to, website placement, search engine rankings, profits, and website traffic.
  • We have no control over search engine policies, practices, and ranking factors, and thereby have no control over the type of websites and content that search engines and their directories accept. At the sole discretion of the search engine or directory can a user be excluded from the search engine or directory.
  • We have no control over any actions or inactions taken against a user’s website and the website’s rankings by any search engine or directory.
  • We have no control over website and blog owners removing links, content, or deleting, moving, or changing their website. Any content or links published to these sites as part of the Services and/or Platform will not be refunded or replaced.
  • We reserve the right, but are not obligated, to limit the sales of our products, Services, or Platform access to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
  • We reserve the right to limit the quantities of any products, Services, or Platform access that we offer. All descriptions of products, Services, and Platform access or product pricing, Service pricing, and Platform access pricing are subject to change at any time without notice, at the sole discretion of us.
  • We reserve the right to discontinue any product, Service, or Platform at any time. Any offer for any product, Platform, or Service made on this site is void where prohibited.
  • We do not warrant that the quality of any products, Services, Platform, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service and Platform will be corrected.

User Obligations

By purchasing or using any products, Services, or Platform, you agree that you will promptly cooperate and provide us with website access, data, documents, software codes, content, art, and/or other information needed by us to provide any products, Services, and/or Platform to you. Failing to cooperate or assist us may prevent completion of any services or Platform access offered. Where you fail to cooperate with us, you agree that no refunds may be granted.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose
  • To solicit others to perform or participate in any unlawful acts
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Platform, or of any related website, other websites, or the Internet
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service and Platform or any related website, other websites, or the Internet
  • To share your license or access with other parties
  • To reverse engineer, disassemble, decompile, modify, sell, rent, lease, distribute, loan, or create derivative works of improvements to any portion of the Service or Platform
  • To access the Platform in attempt to build a competitive or similar product
  • To sublicense, sell, lease, loan, distribute, or transfer the Service, Platform, or your access to it unless enabled through the functionality of the Service and Platform
  • To hold Theory SEO responsible for your use of the Service and Platform

After registering and properly paying where required, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and to use any of our Services. As a user, you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned revocable access and license as stated. All rights not explicitly granted are reserved for Theory SEO, LLC.  If you breach any of our usage guidelines, as stated below, we may revoke your license or your access to use our Platform at our discretion.  Additionally, we may revoke your license or restrict your access to our Platform if we believe that your actions may harm us, our business interests, or at our discretion.  Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.

We reserve the right to terminate your use of the Service, Platform, or any related website for violating any of the prohibited uses. Generally, we will provide an explanation for any termination, though we reserve the right to suspend or terminate any account at any time without notice or explanation.

Deliverables

Users may receive blog posts, press releases, Google Business Profile posts or other content (“Deliverables”) upon purchase of the Services and Platform. Contingent upon timely payment, Theory SEO assigns the user all right, title, and ownership interest to any Deliverables purchased by the user. Theory SEO reserves the right to withhold or demand the return of any Deliverables from the user if the user failed to pay for any Deliverables in a timely manner.

Date Estimates

Some of our services provide estimated dates and timelines for delivery or completion (“Estimated Dates”). We will attempt to deliver all Services and the Platform by these Estimated Dates, though these Estimated Dates are non-binding and are merely in good faith. We reserve the right to modify or extend any Estimated Dates at our discretion. We are not liable or responsible for any failure to provide any Services and/or Platform before any Estimated Dates provided. Any oral or written statements made by Theory SEO, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, are non-binding and do not alter any contractual agreement between us and you.

Automatic Approvals

We reserve the right to automatically approve all types of Services and Platform requirements waiting on client approval. Automatic approvals will only occur after 10 days of inactivity with the Service and/or Platform in question.

Services Availability

Although we try to provide continuous availability to the Services and the Platform, we do not guarantee that Services or the Platform will be accessible at any time. We do not guarantee that anything found on our Services or the Platform will work to the functionality desired by you or give you any desired results.

Payments

Our Services and Platform may require payment and you agree to pay all costs, fees, and taxes listed. You authorize us or our third party payment processors to charge your method of payment at the time of purchase. Purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments.

Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made for our Services and Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per user or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Subscriptions

By purchasing a Services and/or Platform subscription, you agree and expressly authorize Theory SEO to bill you on an automatically recurring basis for the selected subscription plan. This recurring billing will occur at the intervals specified in your chosen subscription plan, and you understand and acknowledge that your chosen payment method will be charged accordingly. You further agree that it is your responsibility to ensure that your payment information remains accurate and up-to-date to avoid any disruptions in service or Platform access. Any changes to billing details must be promptly updated within your account settings. You may cancel your subscription at any time in accordance with our termination policy, as outlined in these Terms of Service.

Modifications to the Service and Prices

Prices for our products, Services, and Platform access are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), and/or the Platform without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service and/or the Platform.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example target keywords) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Platform, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Confidentiality

We acknowledge that it will be necessary for users to disclose certain confidential and proprietary information to Theory SEO in order for us to perform our Services and provide access to the Platform. We acknowledge that disclosure to a third (3rd) party or misuse of this proprietary or confidential information would irreparably harm the user. Accordingly, we will not disclose or use, either during or after the term of the Services or Platform access, any proprietary or confidential information of the user without the user’s prior written permission except to the extent necessary to provide access to the Platform and to perform the Services on the user’s behalf.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site, the Services, and the Platform are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services, new Platforms, and/or features through the website (including, the release of new tools and resources). Such new features, Platforms, and/or Services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products, Platform access, and Services available via our Service or Platform may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site, on the Platform, or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or Service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service, Platform, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service, Platform, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, Platform, or on any related website, should be taken to indicate that all information in the Service, Platform, or on any related website has been modified or updated.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service or Platform will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service or Platform will be accurate or reliable.

You agree that from time to time we may remove the Service or Platform for indefinite periods of time or cancel the Service or Platform at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service or Platform is at your sole risk. The Service, Platform, and all products and Services delivered to you through the Service and Platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Theory SEO, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, Platform, or any products procured using the Service or Platform, or for any other claim related in any way to your use of the Service, Platform, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Platform or any content (or product) posted, transmitted, or otherwise made available via the Service or Platform, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Disputes

If any dispute arises under these Terms of Service, Theory SEO and the user shall negotiate in good faith to settle such dispute. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. If the parties cannot agree with any mediator or if either party does not wish to abide by any decision of the mediator, they shall submit the dispute to arbitration by any mutually acceptable arbitrator, or the American Arbitration Association (AAA). The costs of the arbitration proceeding shall be borne according to the decision of the arbitrator, who may apportion costs equally or in accordance with any finding of fault or lack of good faith of either party. If either party does not wish to abide by any decision of the arbitrator, they shall submit the dispute to litigation. The jurisdiction for any dispute shall be administered in the jurisdiction where the Services and Platform are being provided. 

Indemnification

You agree to indemnify, defend and hold harmless Theory SEO, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or access our Platform, or by canceling your Services and Platform access through your account. If you provide timely notice of termination, then: (1) we will not automatically renew your contract for any subsequent terms; (2) you will receive Service and Platform access for the remainder of the current contract term; and (3) you will still be liable for payment on the current term of Service and Platform access.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform or Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service or Platform constitutes the entire agreement and understanding between you and us and govern your use of the Service and Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services and Platform access shall be governed by and construed in accordance with the laws of the State of North Carolina.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at contact@theoryseo.com.