Terms of Service
The following are the terms and conditions for use of Marketing Lift-Off (the “Service“). Please read them carefully before using the Service. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Payment, Refunds, Upgrading and Downgrading Terms
Marketing Lift-Off provides services that require continuous labor on the part of Marketing Lift-Off’s employees and independent contractors; consequently, we cannot provide any refunds after the Service has been performed. Marketing Lift-Off is a monthly-fee-based service, and customers can contact [email protected] at any time to request a hassle-free cancellation of service.
Fees
As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the Marketing Lift-Off website. Marketing Lift-Off may change the fees for Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by Marketing Lift-Off prior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable in advance. We reserve the right to deactivate your access to the Service for failure to pay any applicable fees. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
Privacy
Marketing Lift-Off is committed to protecting the privacy of you and the information that Marketing Lift-Off gathers. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site. Marketing Lift-Off’s complete Privacy Policy is available on the Marketing Lift-Off website.
You will not use the Service to track or collect personally identifiable information, nor will you associate any data from any source as part of your use of the Service. You will implement and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information.
Confidentiality
Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.
The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by Marketing Lift-Off that relates to the Services (including your password) that is not publicly known. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
Proprietary Rights; Restrictions on Use
Marketing Lift-Off expressly reserves all right, title and interest in and to the Services, the content of the Marketing Lift-Off website, and all processing, analytics, and other software and technology used by Marketing Lift-Off in the provision of the Services (“Marketing Lift-Off Technology“), including, without limitation, any derivatives, improvements, enhancements or extensions of the Marketing Lift-Off Technology conceived, reduced to practice or otherwise developed on or on behalf of Marketing Lift-Off, all of which are valuable assets of Marketing Lift-Off, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any Marketing Lift-Off Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by Marketing Lift-Off; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or Marketing Lift-Off Technology, or attempt to access data of any other customer of Marketing Lift-Off; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Marketing Lift-Off; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
Indemnification
You agree to indemnify, hold harmless and defend Marketing Lift-Off, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Marketing Lift-Off or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Marketing Lift-Off or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Marketing Lift-Off Services. In such a case, Marketing Lift-Off will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Marketing Lift-Off reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Representations and Warranties
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Marketing Lift-Off and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Marketing Lift-Off does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Marketing Lift-Off shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MARKETING LIFT-OFF EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MARKETING LIFT-OFF DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
MARKETING LIFT-OFF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MARKETING LIFT-OFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
MARKETING LIFT-OFF’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO MARKETING LIFT-OFF FOR USE OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
* YOUR USE OF THE MARKETING LIFT-OFF SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE MARKETING LIFT-OFF SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKETING LIFT-OFF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
* MARKETING LIFT-OFF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MARKETING LIFT-OFF SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MARKETING LIFT-OFF SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MARKETING LIFT-OFF SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MARKETING LIFT-OFF SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MARKETING LIFT-OFF SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKETING LIFT-OFF OR THROUGH OR FROM THE MARKETING LIFT-OFF SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Terms and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
Upon any termination of this agreement, (i) Marketing Lift-Off will cease providing the Service; (ii) any outstanding balance payable by you to Marketing Lift-Off will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
Modifications
No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Marketing Lift-Off or (ii) you continue to use the Service after Marketing Lift-Off has posted updates to the Agreement or to any policy governing the Service.
Miscellaneous
Marketing Lift-Off shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in United State of New York.
Any notices to Marketing Lift-Off must be sent to:
Marketing Lift-Off
P.O. Box 7236
New York, NY 10116
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Marketing Lift-Off’s prior written consent, and any such attempt is void. The relationship between Marketing Lift-Off and you is not one of a legal partnership relationship, but is one of independent contractors.
This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
DESCRIPTION OF MARKETING LIFT-OFF SERVICES
Marketing Lift-Off provides users with a link building service that helps users gain more traffic to their sites, as well as a range of expertise and assistance designed to help users track and maximize their search engine rankings over time. Unless explicitly stated otherwise, any new features that augment or enhance the current Marketing Lift-Off services, including the release of new Marketing Lift-Off properties, shall be subject to this Agreement. You understand and agree that the Marketing Lift-Off services are provided “AS-IS”.
Marketing Lift-Off works with companies engaged in legitimate business. We do not accept accounts from gambling sites, pharmaceutical sites, malware sites, or any business that would be considered illegal within the laws of New York and/or the United States. We reserve the right, at our sole discretion, to terminate any account we find objectionable. If you are concerned that your business violates these guidelines, please email us at [email protected] before signing up for our service.
Customers will be billed automatically via their credit card on file monthly, beginning on the billing signup date. For instance, if a customer signs up on July 21, that customer’s credit card will automatically be billed every subsequent month on the 21st until that customer chooses to cancel. By default, our system bills you automatically, then sets up the same campaigns for you as last month. Once the system sets up the campaigns, you will receive an email. You will have 7 days from the date of the email to log in and change your campaigns. If you want to change your campaign, please notify us within said 7-day period.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Marketing Lift-Off services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Past Results No Guarantee of Future Results
Though many of our customers have experienced amazing results with our Marketing Lift-Off service, you understand and agree that past results may not be indicative of future success, and we do not guarantee particular results. By signing up for our service, you agree to indemnify, release, and hold us harmless should your expected results not occur.
