BEAR RIVER WEB DESIGN
DISCLAIMER, Including AFFILIATE DISCLAIMER
Last Updated: APRIL 18 2016
1. Acceptance of our Terms
By visiting the website Bear River Web Design, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Bear River Web Design, you agree to be bound by the following Terms and Conditions of Service and our Site Terms and Conditions of Use. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Bear River Web Design. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Bear River Web Design and that your use of Bear River Web Design shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that Bear River Web Design is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Bear River Web Design is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that Bear River Web Design may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Bear River Web Design authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to Bear River Web Design you simultaneously grant Bear River Web Design an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Bear River Web Design.
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of Bear River Web Design is entirely at your own risk and that our services are provided "As Is" and "As Available". Bear River Web Design does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Bear River Web Design website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that Bear River Web Design and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Bear River Web Design has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Bear River Web Design is limited to the greatest extent permitted by law.
8. External Content
Bear River Web Design may include hyperlinks to third-party content, advertising, affiliate links or websites. You acknowledge and agree that Bear River Web Design is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
AFFILIATE DISCLAIMER: I may be an affiliate for some products that I recommend. If you purchase those items through my links I may earn a commission. You will not pay more when buying a product through my link. In fact, I oftentimes am able to negotiate a lower rate (or bonuses) not available elsewhere. You are always welcome to find the original source of the link without my affiliate id associated with it if you chose to bypass my affiliate link.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Bear River Web Design to resolve any legal matter arising from this agreement or related to your use of Bear River Web Design. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Bear River Web Design. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
We present real world experiences, emails, feedback, testimonials, and insights about our client's experiences for illustrative purposes only. The testimonials, examples, and corresponding photos are of actual clients and results they personally achieved or we may provide comments from individuals who can speak to the quality of our work and our character. These testimonials are not intended to represent or guarantee that current or future clients will achieve the same, or similar, results and each scenario is unique and the results are the culmination of numerous variables, some of which we cannot control.
12. Search Engine Optimization and Marketing Disclaimers.
(a) YOU ACKNOWLEDGE THAT SEO AND SEM STRATEGIES ARE CONSTANTLY CHANGING AND ARE BASED ON SEARCH ENGINE RANKING ALGORITHMS WHICH CHANGE SPORADICALLY AND ARE ENTIRELY OUTSIDE OF BEAR RIVER WEB DESIGN'S CONTROL. ACCORDINGLY, CLIENT'S, OR ITS CUSTOMER'S, SEARCH ENGINE RANKING MAY DECREASE BELOW ITS CURRENT RANKING OR RANK INCONSISTENTLY DURING THE TERM OF THIS AGREEMENT; AND BEAR RIVER WEB DESIGN SHALL HAVE NO LIABILITY FOR SUCH DECREASES OR FLUCTUATIONS. CLIENT'S SOLE REMEDY SHALL BE TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6(A) ABOVE.
(b) Bear River Web Design does not guarantee #1 positions, consistent positioning, "top 10 positions" or guaranteed placement for any particular keyword, phrase or search term. Customer acknowledges that Bear River Web Design's past performance is not indicative of any future results Customer may experience.
(c) Bear River Web Design is not responsible for policies of third-party search engines, directories or other Web Pages ("Third-Party Resources") that Bear River Web Design may submit the SEO Services to with respect to the classification or type of content accepted by Third-Party Resources whether now or in the future. Customer's Web Pages content may be excluded or banned from any Third-Party Resource at any time. Bear River Web Design is not responsible for any liability or actions taken by Third-Party Resources against Customer or Customer's Web Pages as a result of the Services. Bear River Web Design is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Services under this Agreement.
(d) Bear River Web Design does not warrant that the SEO Services will be accepted by Third-Party Resources by any given date. Submission of the SEO Services to Third-Party Resources can take an indefinite amount of time for inclusion, unless paid inclusion programs are employed. Each edit or change made to any of the Services employed by Bear River Web Design will repeat these inclusion times.
(e) Third-Party Resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time and may drop listings from their databases for no apparent or predictable reason. However, Bear River Web Design shall not be responsible for the decision of Third-Party Resources to block, prevent, stop accepting Customer's submissions or to drop Customer's listing(s) for any time period.
(f) Customer acknowledges that some Third-Party Resources only offer paid inclusion programs, which require a fee for inclusion in the program or continued maintenance or performance fees. Customer is solely responsible for all paid inclusion fees and must maintain adequate funds to maintain inclusion in these Third-Party Resources.
(g) Client acknowledges that changes to Client's or Customer's domain names ("URL") during the term of this Agreement may cause the ranking for such domain name to decrease.
(h) BEAR RIVER WEB DESIGN WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY SEARCH PROVIDER OR INTERNET PUBLISHER OR WEBSITE THAT PUBLISHES OR FAILS TO PUBLISH CLIENT'S CONTENT.
13. Changes to the Terms
Bear River Web Design reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Bear River Web Design after any changes to Terms will signify your agreement to be bound by them.