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Terms Of Service

Acceptance of Terms

Subject to the following Terms of Service, SEOENG.COM (hereafter referred to as "SEOENG") provides its SERVICE(S) to you. This Agreement may be updated by SEOENG at any time with or without your notice. To review the most current version of the SEOENG.COM Terms of Service hereafter referred to as "TOS" please login to your User Account at the SEOENG Customer Home or visit: http://learn.seoeng.com/terms.htm. When using SEOENG SERVICE(S), there may be additional guidelines or rules applicable to such SERVICE(S), which may be posted from time to time. All guidelines and rules are hereby incorporated by reference into the TOS. By agreeing to the TOS, you represent that you are of legal age to form a binding contract, and are not a person barred from receiving SERVICE(S) under the laws of the United States or other applicable jurisdiction. You also agree and acknowledge that you have read and that you understand the TOS, and that you are entering into this Agreement as an individual without coercion.

Definition of Service and Limitation of Availability

SEOENG provides users with access to tools, forums, search services, automated Website analyses, reports, information, data, Custom Ad systems, product training, product support, PURCHASE OPTIONS (as defined herein) and etc. hereafter referred to as the "SERVICE(S)". SERVICE(S) may be free or paid, and user fees and/or user access may change at anytime. You understand and agree that the SERVICE(S) may require emails or communications from SEOENG, including but not limited to information pertaining to your User Account or any of the SEOENG "PURCHASE OPTIONS" (whether or not you are Subscribed) which are herein defined as a Website SEOPass™, Website Re-Crawl, Website Antivirus®, Webmaster Audit™, OEM Package, Custom Ad(s), product training, or product support. Emails and communications may also include other SEOENG announcements, coupons, advertisements, newsletters, or product/service information. These communications are considered part of a SEOENG User Account or PURCHASE OPTIONS and you may not opt out of receiving them. In order to use SEOENG as it was intended and designed, you must have both cookies and java script enabled on your computer. You must also ensure that all email from the domain SEOENG.COM is accepted and never filtered into your Junk or Spam email folders. Contact your email provider for information on managing your email spam filters.

SEOENG will, to the best of our ability, make our Website available to our users and subscribers at all times. However, SEOENG does not guarantee that our Website or its contents or SERVICE(S) will operate without interruptions, be accurate in data and/or contents, be secure, or be free from error. SEOENG will not be held liable for any damages whatsoever, which may result from inaccuracies, errors, Website down-time, or other such problems with any SERVICE(S) free or paid. You understand and agree that the SERVICE(S) is provided on an "as-is" and "as-available" basis, and that SEOENG assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, data, or settings. You are responsible for obtaining access to the SERVICE(S), and such access may involve third-party fees (such as Internet service provider fees). You are responsible for any such fees, as well as for providing and maintaining all equipment necessary to access the SERVICE(S).

Duration and Limitation of Service

Website SEOPass™ - Once the SEOPass™ Rate or Re-Crawl Rate has been paid in full (payment processing is provided by a third party and is subject to their terms and conditions) by a Registered User, the now Subscribed User is considered Subscribed to the Website, the Website SEOPass™ is valid for a term of 6 months from the commencement of SERVICE(S), is valid for a single sub-domain only, and is not valid on any other Website sub-domain. The Website sub-domain is selected by the user upon purchase of SERVICE(S). If the user fails to provide a sub-domain, SEOENG will assume and insert a sub-domain of "www". A Website SEOPass™ provides SEOENG Data and reports for a single Website sub-domain for a single Crawl. Website SEOPass™ and Re-Crawl rates are subject to change at any time. To refresh data or reports periodically, the Customer must purchase additional Website Re-Crawls.

Website Antivirus® and Webmaster Audit™ - Once the Website Antivirus® or Webmaster Audit™ first billing cycle has been paid in full (payment processing is provided by a third party and is subject to their terms and conditions) by a Registered User, the now Subscribed User is considered Subscribed to the Website and will receive a Website SEOPass™, the Website SEOPass™ is valid for a term of 6 months from the commencement of SERVICE(S), is valid for a single sub-domain only, and is not valid on any other Website sub-domain. The Website sub-domain is selected by the user upon purchase of SERVICE(S). If the user fails to provide a sub-domain, SEOENG will assume and insert a sub-domain of "www". A Website SEOPass™ provides SEOENG Data and Reports for a single Website sub-domain for a single Crawl. Website Antivirus®, Webmaster Audit™, Website SEOPass™, and Re-Crawl rates are subject to change at any time. Website Antivirus® and Webmaster Audit™ each provide the Customer with a Website SEOPass™ for a single Website sub-domain, SEOENG then Re-Crawls the Website sub-domain at the frequency set by the Customer. The billing cycle and re-crawling frequency shall be determined at time of purchase, as indicated on the Website Antivirus® Package details or Webmaster Audit™ Package details. Payment will automatically be charged to the User Account per each applicable billing cycle. If a Customer chooses to cancel a Website Antivirus® Package or a Webmaster Audit™ Package, they may do so from their Customer Home at any time, however there will be no partial or pro-rated refunds for cancellations and the Package cancellation will apply to the following billing cycle only. If the package is cancelled and refunded within the first billing cycle, the Customer's access to the Website Antivirus® or Webmaster Audit™ Website SEOPass™ or Re-Crawl data will be removed. If the package is cancelled after a billing cycle has been paid in full, with no refund provided, the Customer's access to the last Website Antivirus® or Webmaster Audit™ Website SEOPass™ or Re-Crawl data will remain. SEOENG Website Antivirus® and Webmaster Audit™ PURCHASE OPTIONS do not allow for an Extended SEOPass™ to be purchased, and they are both limited to Standard SEOPass™ access only.

OEM Packages - Once the OEM Package has been paid in full by a Registered User, the now OEM Package Customer may select a Website sub-domain to Subscribe to or to Re-Crawl, and the OEM Package Customer will be considered Subscribed to the Website, the Website SEOPass™ or Re-Crawl is valid for a term of 6 months from the commencement of SERVICE(S), and is valid for a single sub-domain only, and is not valid on any other Website sub-domain. The Website sub-domain is selected by the user upon purchase of SERVICE(S). If the user fails to provide a sub-domain, SEOENG will assume and insert a sub-domain of "www". Upon confirmation by the user to Crawl, the applicable Website SEOPass™ Rate will then be deducted from the OEM Package Customer's pre-paid OEM Package. Website SEOPass™ and Website Re-Crawl rates are subject to change at any time.If a Customer with an active OEM Package sets Scheduled Re-Crawls for a Website, the Re-Crawl Rate will be at the same level as the previous Crawl (Standard SEOPass™ or Extended SEOPass™). If a Customer with an active OEM Package would like to Re-Crawl at an alternate rate/depth, they must first remove the Scheduled Re-Crawl option from the Website and manually Re-Crawl the Website at the desired Re-Crawl Rate (if available), and then reinstate the Scheduled Re-Crawl frequency for the Website.

The OEM Package Customer will receive all of the features of a Webmaster Audit™ level Crawl for Website SEOPass™ and Website Re-Crawls applied to an OEM Package balance. If an OEM Package Customer uses up the OEM Package balance or support credits before the end of a billing cycle, they will have to purchase subsequent Website SEOPass™, Website Antivirus®, Webmaster Audit™, product training, and product support at the regular rates or re-new/upgrade the OEM Package to receive discounts, upgrades, and etc. Details pertaining to the OEM Package and User Account may be found in the OEM Customer Manual accessed via the Customer Home. The OEM Customer Manual is hereby incorporated into this TOS by reference. The billing cycle and plan shall be determined at time of purchase, as indicated on the OEM Package details. Payment will automatically be charged to the User Account per each applicable billing cycle. Any remaining balance at the end of the billing cycle will be automatically reset to zero and will not carry over to the next billing cycle. If an OEM Package Customer chooses to cancel an OEM Package, they may do so from their Customer Home at any time, however there will be no partial or pro-rated refunds for cancellations and the OEM Package cancellation will apply to the following billing cycle. OEM Package upgrades will not be pro-rated - instead the term will reset and any existing balance will carry-over and be automatically added to the new OEM Package balance.

SEOENG Custom Ad and Custom SEOENG Search Bar - Some Customers or users may be provided with access to the SEOENG Custom Ad System. The Custom Ad may require the user to upload images, logos, content, or similar for the purpose of advertising their professional services on the SEOENG Website. SEOENG may or may not monitor the content of some or all of the SEOENG Custom Ads from time to time. SEOENG reserves the right to remove any links, information, or content provided or uploaded by the Customer/user at any time for any reason, and restore the ads and links to the SEOENG defaults. The Customer/user is solely responsible for their affiliated Custom Ad content. SEOENG may from time to time change the Custom Ad format, availability, text, layout, image requirements, content requirements, qualification requirements, and/or etc.

Participation in the SEOENG Custom Ad program requires the Customer/user to place a Custom SEOENG Search Bar on their Website. Custom SEOENG Search Bars associated with a SEOENG Custom Ad are owned by SEOENG and you agree that you will immediately remove any SEOENG Search Bars at the request of SEOENG. In order for your visitors to use the Custom SEOENG Search Bar as it was intended and designed, they must have both cookies and java script enabled on their computer. SEOENG may change Custom SEOENG Search Bars which you have installed on your Website at any time, as Search Bars will automatically be updated on your Website whenever SEOENG changes or modifies them. DO NOT MODIFY OF ALTER THE CUSTOM SEOENG SEARCH BAR OR SEARCH BAR CODE AS PROVIDED BY SEOENG IN ANY WAY. The Custom SEOENG Search Bar must be displayed as shown at: http://www.seoeng.com/seoeng-form.htm, (or the derivative URL specifying your ID, as accessed from your Customer Home via the text link "Download Your Customized SEOENG HERE!") and this includes all disclaimers and copy right information written into the Custom SEOENG Search Bar code. The Custom SEOENG Search Bar may not be used or modified in any way that enables the resulting SEOENG Webpage to load in a frame(s). Violation of these terms is cause for immediate deletion of your User Account(s) and cancellation of your OEM Package without refund.

The SEOENG Ad program is not mandatory at this time for OEM Package Customers, and an OEM Package Customer may choose not to participate the SEOENG Custom Ad program by choosing to keep the SEOENG default content. Currently the SEOENG Custom Ad program is free to OEM Package Customers who have an OEM Package paid in full and an active User Account, however SEOENG reserves the right to implement and charge a maintenance fee for access to the SEOENG Custom Ad program (at which time OEM Package Customers will be notified of the fee(s) which would be applied in the next billing cycle) only if the OEM Package Customer decides to continue their participation in the program. The Custom Ad may be removed by SEOENG upon termination of OEM Package/User Account. SEOENG will extend a seven (7) day grace period to current OEM Package Customers prior to terminating Custom Ad/Custom SEOENG Search Bar functionality if payment for an OEM Package has not been received. Following the seven (7) day grace period, the Custom Ad/Custom SEOENG Search Bar functionality will be terminated and will only be restored once full payment is received.

Additionally, you agree that you will use the SEOENG Custom Ad system solely for the promotion of the professional or entity to which the OEM Package/User Account is registered. The purpose of the Custom Ad is to benefit the professional or entity subscribed to the OEM Package or Custom Ad Package only, and may not be used to promote or link to other Websites, persons, products, entities, or alike. You may not resell the SEOENG Custom Ad system, sticky ads, or custom text space. In all cases of intentional or unintentional misuse of the Custom Ad system, SEOENG reserves the right to remove all Custom Ads and terminate the associated OEM Package/User Account(s) immediately, without refund. Violation of these terms is cause for permanent denial of access to any and all SEOENG services. By participating in the SEOENG Custom Ad program, you grant SEOENG a non-transferable, and non-exclusive right and license to display the uploaded content and provided information on the SEOENG Website for any length of time, free of charge. You also agree that SEOENG may display screenshots of or make reference to your published (whether live or not) SEOENG Custom Ads or Custom SEOENG Search Bar for the purpose of the promotion of SEOENG services on the SEOENG Website or in other such promotional, proprietary, or company materials, free of charge. You may not copy and paste SEOENG Search Bar code or Custom SEOENG Search Bar Code from SEOENG's, or any other Website's source code.

Partner Ads space is limited, so priority is given to SEOENG® Certified Companies with the highest OEM Package values. There are a maximum of five Partner Ads displayed on the page at any given time which are randomly shuffled each time a visitor lands on the page.

SEOENG Search Bar - SEOENG Search Bars are owned by SEOENG and you agree that you will immediately remove any SEOENG Search Bars at the request or demand of SEOENG. SEOENG may change Search Bars which you have installed on your Website at any time, as Search Bars will automatically be updated on your Website whenever SEOENG changes or modifies them. DO NOT MODIFY OF ALTER THE SEARCH BAR OR SEARCH BAR CODE AS PROVIDED BY SEOENG IN ANY WAY. The Search Bar must be displayed as shown at: http://www.seoeng.com/seoeng-form.htm, and this includes all disclaimers and copy right information written into the Search Bar code. The Search Bar may not be used or modified in any way that enables the resulting SEOENG Webpage to load in a frame(s). Violation of these terms is cause for immediate deletion of your User Account and cancellation of your PURCHASE OPTION(S) without refund. You also agree that SEOENG may display screenshots of or make reference to your published (whether live or not) SEOENG Search Bar for the purpose of the promotion of SEOENG services on the SEOENG Website or in other such promotional, proprietary, or company materials, free of charge. You may not copy and paste SEOENG Search Bar code or Custom SEOENG Search Bar Code from SEOENG's, or any other Website's source code. SEOENG Search Bar Code must be copied directly from the SEOENG Website's designated Search Bar download page, at: http://www.seoeng.com/seoeng-form.htm. For terms and conditions of Custom SEOENG Search Bars, see the Custom SEOENG Search Bar information provided herein.

Affiliate Program - An OEM Customer with a valid SEOENG® OEM Package or a SEOENG Customer with a valid User Account ('Affiliate') may participate in the Affiliate Program, and may receive commissions on purchases made by Website visitors who originate from their Custom SEOENG® Search Bar at the time of purchase, and who purchase a SEOENG® Package (Website Antivirus®, Webmaster Audit™, or OEM Package), SEOPass™, or Re-Crawl. Commissions for OEM Package purchases will be paid for the first billing cycle of the package only. Subsequent months will not be paid to the Affiliate. The qualifying packages, commission amounts, and availability of this program are subject to the Company's discretion and may change at any time. The Company may cancel this program at any time. Commissions are determined by the individual SEOENG® Package, SEOPass™, or Re-Crawl price as set by the Company and as displayed on the Company's Website at the time of purchase. Prices and commission percentage are subject to change at any time. The Affiliate agrees to complete any required IRS or Company forms as requested by the Company. Affiliate shall not be eligible for commissions or paid commissions unless all forms and required documentation are complete and provided to the Company by the Affiliate as directed by the Company.

There will be no base salary and therefore the Company cannot guarantee that the Affiliate will make any specific amount of money as a result of their Affiliate commissions. Commissions shall be due by the Company to the Affiliate for the percentage, as determined by the Company, of the final purchase price of each eligible SEOENG® Package (Website Antivirus®, Webmaster Audit™, or OEM Package), SEOPass™, and Re-Crawl sold via the Affiliate's Search Bar and for each as outlined in this Agreement. Eligibility is subject to the terms of this Agreement, and provided that the SEOENG® Package, SEOPass™, or Re-Crawl has been paid in full by the Customer for the corresponding billing cycle, and that the Customer has not received a refund. There is a 15 day holding period on all paid commissions to accommodate Customer refunds, and any subsequent refunds will be deducted in full from the Affiliates subsequent earnings. Commissions are paid out by the Company to the Affiliate, one time per month and only once the minimum amount of commissions, as determined by the Company, is met by the Affiliate, and shall be deposited into the Affiliate's PayPal™ account. The Affiliate may manage their commissions and account via their User Account on the Company's Website. It is the Affiliate's responsibility to ensure that the email address provided in their customer information corresponds to the email address for the Affiliate's PayPal account. Commissions are paid out to this email address via PayPal. The company that the PayPal account is registered to must match the Affiliate's company that the OEM Package or User Account is assigned to, and the forms that are completed for the IRS, etc.

This Agreement shall not render the Affiliate an employee, partner, agent of, or joint-venturer with the Company for any purpose. The Affiliate is and will remain an Independent Contractor in their relationship to the Company. The Affiliate has no authority to bind the Company to any obligation and by becoming an Affiliate, the Affiliate acknowledges that they are under no contracts or agreements with other parties which prevent them from entering into this agreement with SEOENG and that they are authorized to enter into this agreement. The Company shall not be responsible for withholding taxes with respect to the Affiliate's compensation hereunder. The Affiliate shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Affiliate must obey any federal, state, and local laws, as well as any Company rules and regulations pertaining to the Affiliate's role, or the acquisition, receipt, holding, selling, or advertising of the Company's products or services. The Affiliate agrees to hold the Company, its officers, agents, and directors, harmless from any claim, damage, liability, or loss arising out of the Affiliate's activities.

SEOENG PROFESSIONAL SUPPORT: PRODUCT TRAINING - SEOENG Training Credits are included with each OEM Package as defined in the OEM Package details at the time of purchase or time of billing. Training Credits are credited to the User Account once, at the initial OEM Package purchase date only (they do not accumulate each month thereafter). In the event that an OEM Package is cancelled and a new package is purchased, training credits will not be credited. The initial training period starts on first day of training, and ends no more than ten (10) business days thereafter. Training must be scheduled with a SCP by the Customer within 30 days of the initial OEM Package purchase. Once the initial training period is over, additional SEOENG Training Credits must be purchased by the Customer in order to receive training. SEOENG Training Credits must be purchased from SEOENG, and prices are subject to change at any time. Each credit is good for a one (1) hour training session with a SCP. Once Training Credits are purchased they are non-refundable. Training Credits expire six (6) months after the date of purchase. SEOENG Product Training is conducted by a SCP for the Customer's SEO team via Webinar and Conference Call (SEOENG pays all Webinar/Conference Call set-up fees). The Customer is responsible for connecting to the scheduled Webinar via the instructions provided by SEOENG or the SCP at the time of scheduling. If a Customer does not attend the Webinar within ten (10) minutes of the scheduled time, the credit(s) for the full scheduled time will be forfeited and deducted from the User Account accordingly. Customers must have a high-speed Internet connection for all SEOENG Webinar training. Any fees associated to Webinar participation (such as ISP, telephone connection, hardware, software, or other fees) are the responsibility of the Customer.

SEOENG PROFESSIONAL SUPPORT: Q&A TIERED INCIDENTS - SEOENG Incident Credits are included with each OEM Package as defined in the OEM Package details at the time of purchase or time of billing. Incident Credits which are included with a recurring OEM Package DO NOT carry over to the next billing period, and will be reset at the end of each billing period. Additional Incident Credits must be purchased from SEOENG, and prices are subject to change at any time. Each Credit is good for one Incident. Incident Credits which are purchased in addition to a monthly OEM Package DO carry over to the next billing period, and expire six (6) months after the date of purchase. Once credits are purchased they are non-refundable. An Incident is defined as: any Issue that causes any member of SEOENG, or an SCP or affiliate to change priority. An exception would be if SEOENG Support finds a bug to be the cause of the problem (incident is credited back to the Customer in this case, as determined by SEOENG), any Issue that can be resolved (incident is credited back to the Customer in this case, if it cannot be resolved as determined by SEOENG). The response time for Incidents is between one (1) and three (3) business days, either via phone or email (incident is credited to the purchaser if it takes longer to respond, but not if response time is held up due to the actions or inactions of the Customer). Incidents are NOT: Scheduled training, "Sit Ins" with affiliates or SCPs, or 3rd party presentations.

User Account / Registration

When you register via the SEOENG Website you signup for a SEOENG User Account. A user may register for any PURCHASE OPTION via the SEOENG Website including an OEM Package, by registering for a User Account and purchasing an OEM Package. An existing registered user may purchase an OEM Package via the SEOENG Website. If a user has been working with a SEOENG™ Certified Professional (hereinafter referred to as "SCP"), and the user would like to purchase an OEM Package, the User Account must first be setup by a SCP. The associated OEM Package will provide the Customer with access to OEM benefits like Website SEOPass™ and Re-Crawl Pricing Discounts, Automatic Re-Crawl Scheduling, Custom Ads, Customer Support, and etc.

A SCP may setup an OEM Package Customer's User Account as the Parent User Account and enable/add multiple Child User Accounts which are associated with the Parent User Account. It is recommended that all Parent/Child setup be done prior to creating a User Account. With this setup, you have the ability to enable/disable and manage your Child User Account(s) via your Customer Home; however Child User Account(s) cannot enable/disable other Child/Sibling User Accounts. Child User Accounts cannot add/change/remove OEM Packages. The balance on the OEM Package for the Parent's User Account is used for both the Parent User Account AND the associated Child User Account(s), SEOENG tracks which User Account did what, but all balance activity will be reflected against the Parent's User Account. A Child User Account cannot have an existing OEM Package when it is assigned to the Parent User Account. Upon assigning a Child User Account to a Parent User Account, any existing Child User Account's balance will no longer be accessible until the Parent User Account is removed.

Once your User Account is setup, and you have agreed to the TOS, you will receive a User Account designation, and you will be emailed a temporary password. You must then login to your Customer Home to change your password or edit User Account details. You are solely responsible for maintaining the confidentiality of your password and User Account information, and are responsible for all activities that occur under your password or User Account; including all associated Child User Accounts. You agree to immediately notify SEOENG of any unauthorized use of your password, User Account, or any other breach of security, and you will ensure that you exit from your User Account (log-out) at the end of each session. SEOENG will not be liable for any damages or similar arising from your non-compliance.

You agree to provide accurate, true, up-to-date, and complete information about yourself as prompted by the registration process, the Customer Home or as requested by SEOENG or your SEOENG® Certified Professional, hereafter referred to as the "CUSTOMER IMFORMATION". You also agree to maintain and continuously update, as required, your CUSTOMER INFORMATION so that it remains true, accurate, up-to-date, and complete. Any false, inaccurate, out-of-date, or incomplete, information provided by you, or if SEOENG has reason to suspect that the information provided by you may be false, inaccurate, out-of-date, or incomplete, SEOENG may suspend or terminate your User Account, PURCHASE OPTION, associated Child User Account(s), Custom Ad(s), and/or refuse to provide you or your associated Child User Account(s) with current or future SERVICE(S).

SEOENG® Certified Professional (SCP)

You acknowledge and agree that your assigned SCP is an Independent Consultant and is not an employee or agent of SEOENG. Your SCP has no authority to bind SEOENG to any agreement with you whatsoever, and any agreements that you enter into directly with your SCP, including but not limited to SEOENG software support, training, continuing product education, new feature introductions, and etc. are at your own risk. You agree that SEOENG shall not be held liable for loss or damages incurred as the result of dealings with a SCP. SEOENG does its best to screen, qualify, and test all SCP's on their knowledge of the SEOENG system as well as general computer knowledge, however we do not guarantee or recommend any particular service provided by any SCP. Your SCP is free to set their schedule and type of additional support services (outside of SEOENG product training and support as defined herein), and is free to enter into an agreement with you to offer other services. Introduction to the SEOENG system by your SCP is free of charge prior to your purchase of an OEM Package. If you choose to correspond or participate in the additional services of a SCP found on or through SEOENG SERVICE(S), you agree to and understand that all dealings, payment, and etc. are solely between you and the SCP.

Any agreement that you enter into for SEOENG Services is subject to the SEOENG TOS, and etc. and is not affiliated with your SCP.

If you wish to change your SCP, you may request do so by contacting SEOENG directly at info [at] seoeng [dot] com.

Pricing

You acknowledge that SEOENG reserves the right to make changes to any and all pricing displayed on our Website, listed on brochures, provided by your SCP, and etc. including but not limited to the PURCHASE OPTIONS without advanced notice. Once a Registered User's PURCHASE OPTION is paid in full, subsequent Re-Crawl rates and additional PURCHASE OPTION rates are subject to change at any time. If your OEM Package rate increases you will be notified prior to the next billing cycle.

No Refunds

You acknowledge and agree that refunds will not be issued for interrupted access, Website down-time, errors, or real or perceived inaccuracies of any kind. Due to the nature of our product/SERVICE(S), we do not issue refunds for any SERVICE(S). Exception: See SEOENG SEO Guarantee.

SEOENG® SEO Guarantee

If you purchase a Standard or Extended Website SEOPass™, or Website Re-Crawl during a period of time in which the SEOENG® SEO Guarantee promotion is offered, and not a single SEOENG Warning, Penalty, or Error is revealed by SEOENG for the single sub-domain that you have Subscribed to, you will receive a Full Refund for the purchase price of that particular Website SEOPass™ or Website Re-Crawl only. This promotion is limited to one refund per single sub-domain per three month period, and does not apply to free Services. Offer applies to Standard and Extended Website SEOPass™ and Website Re-Crawls which have been paid in full only. Refunds must be claimed within thirty days of original purchase, or offer is void. Terms of this Guarantee are subject to change at any time at the sole discretion of SEOENG. SEOENG may revise or terminate this promotion at anytime without advanced warning. To claim your refund email refunds [at] seoeng [dot] com and provide your sub-domain's URL in the subject line.

Use of SEOENG® Repair Station and Repair Station Tools

The SEOENG® Repair Station is a feature which produces suggested revised HTML code for users with active Website SEOPass™. The HTML code produced and displayed by SEOENG is a suggestion only, and should not be used to replace live Website code without thorough and complete testing by the user prior to release. The user is solely responsible for the HTML code displayed on their Website. SEOENG is not responsible for any errors or omissions in the SEOENG HTML Repair Code, loss of income resulting from errors or omissions in the SEOENG HTML Repair Code, incorrect use of the SEOENG HTML Repair Code, loss of Search Engine Rank resulting from use of the SEOENG HTML Repair Code, or any other damages resulting from use of the SEOENG HTML Repair Code. The user is entirely responsible for the user's Website content. The Repair Station Tools include, but are not limited to Add Missing Meta, Add Missing Links, SEOENG Restore™, Remove Links, Nofollow the Link, Change Links to JavaScript, and etc. Use of the SEOENG® Repair Station, and or Repair Station Tools is strictly at the user's own risk. SEOENG HTML Repair Code is intended for Static Webpages ONLY. Dynamic content should not be overwritten by the suggested SEOENG HTML Repair Code. SEOENG is not responsible for any damage caused by improper usage.

Use of SEOENG Restore™ Tool

The SEOENG Restore™ tool is a feature which provides Website users who have an active Website SEOPass™, limited access to the Website's HTML source code as it was last recorded by SEOENG. The date displayed next to the SEOENG® Restore code may or may not be accurate. This feature should not be relied upon as a Website back-up system in any way, and should not be substituted for any other Website back-up system or data storage solution. Proper Website back-up is important and is the user's sole responsibility. SEOENG Restore™ may or may not be available for all Websites. SEOENG may choose to discontinue, revise, eliminate, or not display this feature for any reason, on any Website SEOPass™, at any time, and at its sole discretion. Use of the SEOENG Restore™ code is strictly at the user's own risk. SEOENG Restore™ Code is intended for Static Webpages ONLY. Dynamic content should not be overwritten by the suggested SEOENG Restore™ Code. SEOENG is not responsible for any damage caused by improper usage.

Limited Access and Termination

SEOENG maintains separate areas of our Website both public and private. Access to the public areas is free. Access to private areas is password protected, and may be accessed only by a valid User Account or Purchase Option. If you wish to Subscribe to or Re-Crawl additional Website sub-domains, you will need to purchase a new Website SEOPass™, Website Re-Crawl, Website Antivirus®, Webmaster Audit™, OEM Package, or if you have a valid OEM Package the appropriate Website SEOPass™ or Re-Crawl amount will be deducted accordingly from your OEM Package balance. A Website SEOPass™, Website Re-Crawl, Website Antivirus®, or Webmaster Audit™ is only available for a single Website sub-domain and may not be combined with any other Website sub-domain. A Website SEOPass™ is only valid per single User Account or affiliated Child User Account(s), for a single Website sub-domain. Transfer, sale, distribution, publication, or use of a Purchase Option or User Account login details is strictly prohibited and will result in the termination of the User Account(s) and Purchase Option(s) (and any other User Account(s) and/or Purchase Option(s) with which violator is affiliated). No refunds will be provided for any such violation, and violators will be prosecuted to the fullest extent of the law.

When a SEOENG OEM Package Customer (excluding Mini Package customers) runs a free Webpage analysis or purchases a Website SEOPass™ or Website Re-Crawl to one of their customer/client's Websites, the SEOENG OEM Package Customer may distribute the displayed information contained in the SEOENG Website analysis to that client, provided that the OEM Package Customer gives appropriate credit to SEOENG as the provider of the information by stating "SEO Analysis Provided by SEOENG® " or "Report Powered by SEOENG®". This privilege is available only to OEM Package Customers who have an active OEM Package (this does not include Mini Package customers). This distribution of information may be done in the form of a report, presentation, email, or similar method for the purpose of diagnosing a customer/client's Website health and securing the customer/client's business, or for showing the active customer/client how the SEOENG OEM Package Customer has improved the customer/client's Website health. A SEOENG Retail Customer, a Customer who has an active Website SEOPass™, Website Antivirus®, or Webmaster Audit™, may provide a SEOENG OEM Package Customer with access to their Website SEOPass™ or Website Re-Crawl for the purpose of engaging in the SEO services of the OEM Package Customer.

SEOENG reserves the right to limit or deny a User Account and/or refuse or limit SERVICE(S) to anyone, at anytime, for any reason. Additionally, SEOENG reserves the right to offer only a Standard Website SEOPass™, only an Extended Website SEOPass™, both a Standard and Extended Website SEOPasses™, or no Website SEOPass™ whatsoever to any Website or any user, for any reason, at any time, and at its sole discretion. This applies to all SEOENG PURCHASE OPTIONS. SEOENG may immediately terminate any User Account, PURCHASE OPTION, or free analysis at any time for the following causes. Causes for termination shall include, but not be limited to, violations of the TOS, or any associated rules or guidelines, if requested by a government of law enforcement agent, if requested by you, as a result of discontinued or modified SERVICE(S), unforeseen technical or operational problems, extended periods of User Account inactivity, if you are in violation of any law, and/or nonpayment of any fees owed by you in connection with the SERVICE(S).

Termination of your SEOENG User Account includes, the removal of your access to all of the SERVICE(S) (including private areas of the Website and forums), deletion of your password and all related User Account information, deletion of all content and data associated with your User Account, and barring you from further use of the SERVICE(S). The above may also apply to any affiliated Child or Parent User Account(s). You agree that all terminations for cause shall be made at SEOENG's sole discretion, and that SEOENG shall not be liable, to you or any third party, for any damages associated or perceived from termination of your User Account or access to the SERVICE(S).

No Third-Party Beneficiaries

You agree that there shall be no third-party beneficiaries to this Agreement, unless
otherwise stated in this TOS.

No Automated Queries

You acknowledge and agree that automated queries or solutions, including but not limited to software programs, or systems used to perform automated queries of our Website(s) and/or database(s) are not permitted, and are in direct violation of the TOS. Any such violators will be prosecuted to the fullest extent of the law. SEOENG does offer an API solution at this time.

No Warranty or Time Limit for Completion

SEOENG strives to provide the most accurate and up-to-date data, information, SERVICE(S), and reports possible for our users. However, we have no affiliation, nor do we claim to have any affiliation or insider information about any Search Engine, public or private, nor do we claim to have any control over any Search Engine's content, results, or systems of ranking (excluding our own Search Engine, SEOENG).

You acknowledge that our Search Engine Optimization Engine® uses data which is sourced from various providers, including third party vendors. We obtain and update this data on our Website and system on a regular basis. You agree that SEOENG will not be held liable for any cases of data which may be incorrect, skewed, altered, or inaccurate for any reason. You also agree that SEOENG is not responsible for providing any of its SERVICE(S) free or paid in a timely manner. SERVICE(S) may take any amount of time necessary as determined solely by SEOENG.

Disclaimer

You understand and agree to the following:

Use of the SERVICE(S) is at your own risk. SEOENG and its officers, employees, agents, partners, SCPs, and licensors expressly disclaim all warranties of any kind, whether express or implied. No advice or information, oral or written, obtained by you from SEOENG or through or from the SERVICE(S) shall create any warranty not expressly stated in the TOS.

All materials, including those uploaded, downloaded, or obtained through the use of the SERVICE(S), are accessed at your own discretion and at your own risk. You are solely responsible for any damage, including but not limited to damage caused to your computer system, or any resulting loss of data, or any loss of Website Search Engine Rank that may occur as a result of using the SERVICE(S).

In rare cases, users may experience epileptic seizures while using the SERVICE(S), due to exposure to computer screen light patterns or backgrounds. Despite no prior history, some conditions may induce previously undetected epileptic symptoms. Consult your physician prior to using the SERVICE(S), if you or a family member has or has had such a condition. Immediately discontinue use of the SERVICE(S) and consult your physician if you experience any epileptic symptoms while using the SERVICE(S), or are concerned about ill effects.

Modifications and Updates

SEOENG reserves the right to make any SERVICE(S), technical, tool, and/or Website interface modifications without prior notice. We may add, delete, or alter our products and/or SERVICE(S) temporarily or permanently without any notice, at anytime. In an effort to provide the most up-to-date information for our users/subscribers, subsequent versions of the SEOENG system are subject to be deployed from time to time, and may replace the current version. Such deployment may or may not impact the nature of SERVICE(S) provided. You agree that SEOENG shall not be liable to you or to any third party for any alteration, suspension, or deletion of the SERVICE(S).

Data, statistics, reports, and etc. obtained by a Website SEOPass™, free analysis, and/or Re-Crawl of a Website, or other Purchase Option whether or not the SERVICE(S) are requested by a Subscribed User, are subject to change at any time. SEOENG may analyze or Re-Crawl any Website at any time for the purpose of updating any or all data with or without the permission of the user or Customer. SEOENG will not be held liable for any impact, negative or otherwise, that the updated data may or may not have on the user or Customer, including but not limited to, the user or Customer's experience, scoresheet, dashboard, reports, data, expectations, reputation, or business endeavors.

Unless stated otherwise, any new features that alter, change, or enhance the current SERVICE(S), including the release of new SEOENG Websites or properties, shall be subject to the TOS.

Inconsistencies in Terms

The terms and conditions of this Agreement shall prevail over any contrary or additional terms in any other document issued by either party (unless agreed to in writing by both parties).

Privacy

All User Account information is stored in our encrypted databases. Passwords are stored with one-way encryption algorithms. Your SEOENG® Certified Professional ('SCP') will have access to your User Account information and usage. However, your SCP will not be granted access to your credit card information or other financial data. The SCP will be notified automatically from time to time about your OEM Package usage, and may contact you to review and offer alternate OEM Packages which better fit your profile or to offer support or training services. We do not otherwise sell this information to anyone, including third parties but excluding SEOENG Affiliates and Partners as described in the following paragraph.

You agree that when you (or anyone using your Computer) originate from a SEOENG Affiliate or Partner's SEOENG Search Bar on their Website (or you return to SEOENG anytime thereafter) SEOENG may distribute your email address or other information provided by you, and any Website URLs that you search for using SEOENG, to that Affiliate or Partner.

You acknowledge and agree that we may monitor your usage of the SERVICE(S) in real time, at our discretion, for the purpose of determining the effectiveness of our system, for security purposes, or for any other reason that we deem necessary. We may also track your search volumes to determine our system limitations. All forums are moderated and monitored.

You agree that SEOENG may access, preserve, and disclose your User Account information and content, if required to do so by law, or if we believe that it is necessary in order to: comply with the law, enforce the TOS, respond to claims of violation by third parties, for customer service, for internal business use, or protect SEOENG, its users, and the public.

All disclosure of credit card information or other financial data is done via third-party; all information collected by the third-party is subject to their terms.

Phone calls and Webinars may be recorded for quality assurance or training purposes.

Posts, Custom Ads, E-Mails, and Communication

We will make our best effort to moderate and monitor all threads and all posts in the SERVICE(S), (such as forums or similar), however we will not be responsible for any damages, mis-information, inaccuracies, or similar which may occur. When you make a post to the SERVICE(S) it will be moderated. You agree that SEOENG may alter, change, omit, or otherwise moderate the content of your post as we see fit. SEOENG may without limitation, remove any content, post, or thread for any reason, at any time. Any content posted on the SERVICE(S) becomes the property of SEOENG, and we may disclose, use, or not use any such posted items or information for any purpose, at anytime, in any place.

You understand that while using the SERVICE(S) you may be exposed to offensive, inaccurate, or objectionable content. Under no circumstances will SEOENG be liable for any content, 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 any content posted, emailed, transmitted or otherwise made available via the SERVICE(S).

You are entirely responsible for any and all content that you upload or any and all posts that you make to the SERVICE(S). It is a violation of the TOS to post or upload anything that is threatening, obscene, libelous, harmful, forged, confidential, in violation of any agreement, infringes on proprietary rights, infringes on copyright protected works of any kind, or otherwise uses poor judgment. You may not impersonate any SEOENG employee, moderator, SCP, or officer. You may not misrepresent your affiliation with a person or entity. You may not violate any laws knowingly or unknowingly. You may not use the SERVICE(S) for the purpose of spam, advertising (excluding Custom Ad subject to the terms defined herein), or any other form of solicitation. You may not use our services to transmit computer viruses or other similar programs for any reason including but not limited to the interruption or destruction of computer systems or the SERVICE(S). You must follow all terms and rules associated with networks, and etc. connected to the SERVICE(S).

Announcements and important information of any kind, including SEOENG Newsletters, may be sent via email to the Registered User's email address on record, or may be posted on our Website(s).

Suggestions and Ideas

You agree and confirm that all ideas, suggestions, information, and documents submitted to SEOENG will automatically become the property of SEOENG, and that you will not receive any compensation whatsoever. Such ideas and information submitted by you, will not contain any confidential or proprietary information. SEOENG may disclose, use, or not use any such ideas or information for any purpose at anytime in any place.

Interstate Communications

By using SEOENG SERVICE(S) to send electronic communications (including but not limited to search queries, posts in forums, and other Internet activities), you will be causing communications to be sent through SEOENG's computer networks, portions of which may be located in Florida, USA and other parts of the United States, and portions of which may be located in other countries. By agreeing to the TOS, you acknowledge that use of SERVICE(S) may result in interstate data transmissions.

International Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You agree to comply with all local rules regarding online conduct and acceptable content.

Storage Practices

SEOENG establishes limits and practices for the SERVICE(S), including establishing the maximum number of days forum postings will be retained by the SERVICE(S), the maximum disk space that you will be allotted on SEOENG's servers, and the maximum number of times and duration that you may access the SERVICE(S) in a given period of time. You agree that SEOENG has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the SERVICE(S). SEOENG may terminate User Accounts that are inactive for an extended period of time or PURCHASE OPTIONS which are expired. SEOENG reserves the right to modify these limits and practices as necessary.

Re-Crawl Requests and Backlink Data

SEOENG strives to provide users with the most current and up-to-date data possible. However, currently SEOENG must limit the re-crawling of external incoming links (backlinks) to a frequency of one time per five (5) day period. If you initiate a Re-Crawl of a Website within 5 days of an initial Crawl or subsequent Re-Crawl, the external incoming link data (backlinks) will not be updated. If this is a concern for you, we recommend that you schedule Website Re-Crawls no closer than five (5) days apart.

Indemnity

You agree to indemnify and hold SEOENG and its subsidiaries, affiliates, officers, agents, employees, partners, SCPs, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the SERVICE(S), your use of the SERVICE(S), your connection to the SERVICE(S), your violation of the TOS, or your violation of any rights of another.

Limitation of Liability

You agree that under no circumstances shall SEOENG be liable to you or any third party for indirect, incidental, consequential, special, or exemplary damages (even if SEOENG has been advised of the possibility of such damages), arising from any provision of this Agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, goodwill, use, data, or liabilities to third parties arising from any source.

You agree that in the event that SEOENG is held liable for any reason, any such liability will be limited to the amount paid for by the user/subscriber for the SERVICE(S) in question.

Exclusions and Limitations

There may be certain jurisdictions who may not allow the exclusion of warranties or limitation of liability for incidental or consequential damages. Therefore, part of all of the above listed Limitation of Liability may not apply.

Advertisers, Affiliates, and Partners

If you choose to correspond or participate in the promotions of advertisers, affiliates, or advertising partners (hereafter referred to as ADVERTISER(S)) found on or through SEOENG SERVICE(S), you agree to and understand that all dealings, payment, and etc. are solely between you and the ADVERTISER(S). You agree that SEOENG shall not be liable for loss or damages incurred as the result of dealings with, or the presence of such ADVERTISER(S) on the SERVICE(S).

External Outbound Links

The SERVICE(S) may provide, or third parties may provide, links to other Websites or information. You agree and understand that SEOENG does not control these Websites or sources of information, and therefore you acknowledge and agree that SEOENG is not responsible for the availability of external Websites or information. SEOENG does not endorse and will not be held responsible or liable for any content, products, advertising, or other materials on or available from such Websites or information sources. You acknowledge and agree that SEOENG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.

Proprietary Rights

You agree that the SEOENG Website, the SERVICE(S), and any software used in connection with the SERVICE(S) contain proprietary and confidential information which is protected by applicable intellectual property laws and other laws. SEOENG is currently Patent Pending. Content contained in advertisements or information presented to you through the SERVICE(S) or by advertisers, or partners, may be protected by patents, copyrights, trademarks, service marks, or other proprietary rights and laws. Except as expressly permitted by applicable law, otherwise specifically stated in this TOS, authorized by SEOENG, (or if the content is owned by others, as authorized by an advertiser, affiliate, or partner) you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the SERVICE(S), SEOENG Website(s), or the software. You may not display any part of the SEOENG Website, SERVICE(S), or software in a frame(s). You may not resell any SEOENG PURCHASE OPTION, or any part of the SEOENG Website, software, system, or SERVICE(S).

SEOENG grants you (and any affiliated Child User Account(s)) a personal, non-transferable, and non-exclusive right and license to use the object code of its software on a single computer. You agree not to (and not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or attempt in any way to discover source code, sell, assign, sublicense, grant a security interest in, or transfer any right in the software. You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the SERVICE(S). You agree not to access the SERVICE(S) by any means other than through the interface that is provided and authorized by SEOENG for use in accessing the SERVICE(S).

Trademarks

SEOENG®, Search Engine Optimization Engine®, WEBSITE Antivirus®, WEBMASTER AUDIT™, LINK Flow®, LINK LOSS™, IRRELEVANT WEBPAGE™, SEOENG SCORE™, MARKET FOCUS™, SEOENGBOT™, INBOUND BAD NEIGHBORHOOD ALERT™, OUTBOUND BAD NEIGHBORHOOD ALERT™, PURCHASED LINK DETECTION™, RELEVANT LINK DETECTION™, SERPvision™, MULTIVARIATE SHINGLE ANALYSIS™, and etc. as claimed by SEOENG, are trademarks of SEOENG.COM All SEOENG logos, product and service names are trademarks and the property of SEOENG LLC and are hereby referenced as "SEOENG MARKS". The use of SEOENG MARKS without SEOENG's prior express written permission is strictly prohibited. You agree not to display, alter, or use in any manner the SEOENG MARKS; they can be made available solely by an authorized agent of SEOENG.COM for specified and approved uses.

Entire Agreement

The TOS constitutes the entire Agreement between you and SEOENG, and governs your use of the SERVICE(S), superseding any prior agreements between you and SEOENG with respect to the SERVICE(S). You may be subject to additional terms and conditions that may apply when you use or purchase certain other SEOENG SERVICE(S), affiliate services, third-party content or third-party software.

Choice of Law and Forum

The TOS and the relationship between you and SEOENG shall be governed by the laws of the State of Florida, USA. You and SEOENG.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Manatee, Florida, USA.

Waiver and Severability of Terms

The failure of SEOENG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of any such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS will remain in full force and effect.

Non-Transferability

You agree that your SEOENG User Account and PURCHASE OPTIONS are non-transferable and any rights to your User Account or PURCHASE OPTIONS, or contents within your User Account(s) terminate upon your death. Upon receipt by SEOENG.COM of a copy of a death certificate, your User Account may be terminated and all contents therein permanently deleted.

An OEM Package Customer's User Account and PURCHASE OPTIONS which are affiliated with a particular business or entity (as defined in the Customer Information on the Customer Home) may elect to update the affiliated contact information from time to time, in which case the User Account and PURCHASE OPTIONS will remain intact (must have an active OEM Package). User Account information may be edited from the Customer Home.

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 SERVICE(S) or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Reporting Violations

To report any violations or suspected violations of our TOS please email tos [at] seoeng [dot] com.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

By checking the box at the time of registration you agree to, acknowledge, and understand all of the above TOS, and are entering into this Agreement with SEOENG.COM as an individual without coercion.