Terms and Conditions
Updated May 1, 2018
Want To Contact Us About This Agreement? Questions issues should be addressed to firstname.lastname@example.org
JAB WebConsulting offers businesses and individuals access to a rich collection of resources related to search engine optimization, online marketing, and online local business listing management, including, without limitation, search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), website profile services, search analytics, blogs, user-generated content, personalized content, industry surveys, and opinion polls. Collectively, we’ll refer to these resources as the “Services” in this Agreement. A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber”
JAB WebConsulting Fees : You agree to make an immediate payment to JAB WebConsulting for each location for a recurring term (the “Term”) which begins on the date of payment. This payment, plus any future payment for that location based on renewal, shall together be referred to as “JAB WebConsulting Service Fees”. You understand that JAB WebConsulting assumes costs immediately after you submit data to JAB WebConsulting and acknowledge that as a result no partial or complete refunds will be issued by JAB WebConsulting to you – at any time, for any reason – once you have made a payment for JAB WebConsulting Local Services.
Scope of JAB WebConsulting Services : In exchange for your immediate payment per business location per term and compliance with the terms and conditions of this Agreement, JAB WebConsulting may distribute data to certain location data aggregators and business listing services and may offer additional reports and tools related to this data.
Taxes: You are responsible for all taxes associated with your purchase of JAB WebConsulting Local Services (such as sales tax), and such taxes will be in addition to the JAB WebConsulting Local Service Fees quoted.
Term: Unless otherwise stated in Your Subscription Agreement, Your Subscription has duration of one year (12 months). Your Subscription Agreement with JAB WebConsulting will commence on the day that You a) agree to the Subscription Agreement; or b) receive a copy of the Subscription Agreement; or c) pay the initial payment due for the Subscription, whichever is earliest. If a subscription is cancelled, you will be required to make all payments due during the duration of the Subscription including any previously waived setup fees if applicable regardless of whether You choose to use the Services available to You through Your Subscription.
Renewal: Each business location will auto-renew annually within 30 days of the anniversary of the initial payment for that location. Once a renewal payment is processed, no refunds will be provided for any reason. If your renewal payment fails, you will no longer have any rights under this Agreement related to your previously purchased JAB WebConsulting Local business location(s), including the right to manage your listing, until you are in good payment standing. Failure to renew a listing in a timely manner (prior to the date of annual renewal) will result in loss of custom pricing terms associated with a business location, if any.
Change in JAB WebConsulting Fees Upon Renewal: JAB WebConsulting may change its JAB WebConsulting Fees from time to time; with respect to renewals, JAB WebConsulting will provide no fewer than thirty (30) days of notice of such a change by electronic mail and/or posting of any new fee schedule on the JAB WebConsulting.com/local website.
Cancellation: You may cancel a service of a business location by contacting JAB WebConsulting directly at email@example.com . Each cancellation MUST be confirmed in writing by the client prior to final cancellation by JAB WebConsulting. Upon confirmation, cancellation is immediate and is not reversible and must be initiated prior to the expiration of any Term to avoid fees associated with renewal. Cancellation removes a project and its associated data from your dashboard. If you decide to reinstate service at another date, additional setup fees will be applicable.
Additional JAB WebConsulting Obligations and Acknowledgements:
Payment for Subscriptions As a Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services.
You are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You may not receive further notice of your renewal after signing up for a subscription. Subscriptions recur either monthly or annually in most cases, depending upon the renewal term you choose during the signup process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that credit card. JAB WebConsulting reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it.
Cancellation of Subscriptions. For security reasons, an email or phone call to JAB WebConsulting may not sufficient to cancel your JAB WebConsulting subscription. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Sites and Services you have paid for until the end of your subscription term but will lose access if the subscription is not in good standing.
No Refunds. JAB WebConsulting is not obligated to provide you a refund at any time. If you choose to cancel your JAB WebConsulting subscription during your subscription term, you will not be refunded, in whole or in part.
Multiple Subscriptions. Each JAB WebConsulting account has a single credit card associated with it. If a subscription to one JAB WebConsulting service is suspended due to JAB WebConsulting inability to process that credit card, and you subscribe to a second JAB WebConsulting service while that first service is suspended (by, for example, changing the credit card associated with your account) but before it is cancelled (a period which is currently 18 days, but is subject to change), JAB WebConsulting reserves the right to use the valid payment method associated with the second service to reinitiate the suspended service.
You agree to inform JAB WebConsulting immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.
You agree that your rights in a subscription or use of any paid Services (including, for example, the ability to change a password associated with a JAB WebConsulting Pro account) may be dependent upon demonstrating that you have paid for the subscription or Sites.
You acknowledge that if you sign up for any Services and pay via credit card, and JAB WebConsulting cannot charge your credit card at renewal, JAB WebConsulting may cancel your subscription and you may lose access to the Services and any data associated with your subscription.
While some Services may be paid for via invoice by mutual written agreement by you and JAB WebConsulting, JAB WebConsulting reserves the right to quote additional fees for invoiced accounts. If JAB WebConsulting has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 10 days. You agree that JAB WebConsulting may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from JAB WebConsulting’s efforts to collect on past due amounts; If you fail to pay an invoice, JAB WebConsulting reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.
You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
VII. JAB WebConsulting Obligations Regarding User Generated Content
JAB WebConsulting assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services. JAB WebConsulting does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of JAB WebConsulting and under no circumstances will JAB WebConsulting be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or otherwise provide to JAB WebConsulting. Notwithstanding its lack of obligation, JAB WebConsulting may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of JAB WebConsulting violates this TOS or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. JAB WebConsulting assumes no obligation to maintain or store your content. JAB WebConsulting may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOS, or violation of the JAB WebConsulting Community Etiquette; once deleted, User Generated Content may not be retrieved.
VIII. JAB WebConsulting’s Permitted Use of User Generated Content and User Data.
JAB WebConsulting does not claim ownership of User Generated Content. Subject to the rights granted to JAB WebConsulting in this TOS, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Sites, you authorize and direct JAB WebConsulting to make such copies as JAB WebConsulting deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.
You further authorize JAB WebConsulting to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize JAB WebConsulting to use such content and data, by way of example and not limitation, to enable JAB WebConsulting to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant JAB WebConsulting, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Sites (“Interactive Content”), including without limitation your User Profile, YouJAB WebConsulting, the JAB WebConsulting Blog, and the Q&A service, and any other future JAB WebConsulting sites or services that are designed to be viewed by the public or other Subscribers, you grant to JAB WebConsulting, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Sites or Services (including, without limitation, in connection with the appearance of such Interactive Content on JAB WebConsulting and on the sites of our affiliates, partners and others with whom JAB WebConsulting may have business relationships relating to the Sites) and the distribution and promotion of the Sites. You further agree that JAB WebConsulting is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Sites at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Sites will remain in effect. You acknowledge that JAB WebConsulting may retain archived copies of such Interactive Content.
XII. Trademarks; Copyrights; Proprietary Rights
JAB WebConsulting owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“JAB WebConsulting Content”). JAB WebConsulting Content specifically excludes User Generated Content.
JAB WebConsulting owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with JAB WebConsulting Content, the Sites, and the Services.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the JAB WebConsulting Content in whole or in part except as expressly authorized in writing by JAB WebConsulting. JAB WebConsulting does not grant any express or implied rights in JAB WebConsulting Content to Users, and all rights in and to the Sites and to JAB WebConsulting’s Content are retained and reserved by JAB WebConsulting.
Moreover, the term JAB WebConsulting and anything on the Sites that identifies or distinguishes JAB WebConsulting from other goods are services are registered or unregistered trademarks of JAB WebConsulting (the “JAB WebConsulting Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the JAB WebConsulting Trademarks without JAB WebConsulting’s prior written consent.
XIV. User Indemnification of JAB WebConsulting for Certain Actions
XVI. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that JAB WebConsulting cannot provide the Services at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Sites or Services, you agree to limit JAB WebConsulting’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between JAB WebConsulting and you as a User.
JAB WebConsulting does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Sites or Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Sites. Under no circumstances will JAB WebConsulting or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Sites or transmitted to or by any Users.
To the extent permitted by applicable law, JAB WebConsulting shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Sites or Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Sites or Services. Without limiting the foregoing, you specifically acknowledge that JAB WebConsulting is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Sites, Services or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if JAB WebConsulting knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
Enforcement. In case collection or legal proceeding to enforce this terms of this Agreement necessary, the Client agrees to pay all reasonable attorney’s fees and costs incurred by such proceedings. The Parties hereto consent to and agree to the jurisdiction and venue of the 21st Judicial District Court in the Parish of Tangipahoa, State of Louisiana or City Court of Hammond, Louisiana, as the exclusive venues
for any litigation to enforce or otherwise litigate any issues or disputes arising out of this Agreement.
XVII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
XVIII. Miscellaneous Clauses
Changes to Services. JAB WebConsulting may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. JAB WebConsulting reserves the right to cancel, suspend, or block your access to the Sites or Services at its sole discretion for violations of these terms, the JAB WebConsulting Community Etiquette, or for any other reason and without notice (subject to any contractual rights you have with specific Services), and access to any Services is dependent upon you complying with any applicable laws.
Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If JAB WebConsulting must send you additional information regarding the Sites or Services, or in connection with this Agreement, you consent to receiving this information electronically. JAB WebConsulting may provide required information to you by email at any address you registered with the Sites or Services or via the Sites or Services itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. JAB WebConsulting is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of the State Louisiana, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and JAB WebConsulting each irrevocably consent.
Additional Rights and Obligations. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. JAB WebConsulting may assign rights or delegate duties under this TOS in connection with a merger, reorganization, or sale of substantially all of its assets. This TOS will bind successors and permitted assigns.
JAB WebConsulting, Inc. (“Company,” “JAB WebConsulting,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
JAB WebConsulting offers various services (the “Services”) to provide businesses and individuals access to a rich collection of resources related to search engine optimization and inbound marketing, including without limitation search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), site profile services, search analytics, blogs, user-generated-content, personalized content and industry surveys and opinion polls. The Services include access to the website at www.JAB WebConsulting.com and any related website or domain operated by Company (the “Sites”).
This policy applies to information we collect:
Children Under the Age of 13
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features/register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Sites and Services, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our Sites or Services may include:
You also may provide information to be published, displayed or transmitted (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third parties (collectively, “Interactive Content”). Your Interactive Content is posted on and transmitted to others at your own risk; we cannot control the actions of other users of the Sites with whom you may choose to share your Interactive Content. Therefore, we cannot and do not guarantee that Interactive Content will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies and Other Technologies
s you navigate through and interact with our Sites and Services, we may automatically collect certain information about your equipment, browsing actions and patterns, including without limitation:
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Sites and Services and to deliver better and more personalized future services by enabling us to things such as:
The technologies we use for this automatic data collection may include:
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We never sell your personal information or provide it to others for marketing purposes.
Disclosure of Your Information
We may collect and disclose anonymous and aggregated information about our users and subscribers, and other information that does not identify any individual, without restriction for the purposes of product research, to improve our Services, and for other commercial purposes.
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites or via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites or via the Services.
PERSONAL DATA. DATA PROCESSING AGREEMENT