Terms of Service
Please carefully read this Agreement. By accessing or using our website or services, you agree that you have read and agree to be bound by the terms and conditions of this Agreement.
If you do not agree to these Terms of Service, or do not meet the qualifications included in this Agreement, Metricized is then unwilling to provide you with access to or use of our Website or Services and you must not access or use our Website or Services. If you access or use our Website or Services, you acknowledge that you meet the qualifications included in this Agreement and agree to be bound by this Agreement.
Introduction and Acceptance of the Terms of Service
THESE TERMS OF SERVICE (the “Agreement” or “Terms of Service”) set forth the terms under which Metricized, LLC (“Metricized”, “Company”, “we”, or “us”) will provide services (the “Services”) to you, the Client (the “Client”, “you”, or “your”) related to https://metricized.com/ and all affiliated websites, including mobile websites and applications, owned and operated by us or our Affiliates (the “Website”).
We maintain that, by using our Website and Services, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
This Agreement is effective as of December 1, 2020. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE WEBSITE AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide by and be bound by the modified Terms of Service.
If any violation of these Terms of Service occurs, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, sellers, partners, sponsors, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website, services and/or its contents.
This Agreement is the only terms and conditions that are applicable and replace all other conditions, except in the case of prior express written consent.
The purpose of our Site is to provide information about Metricized’s website auditing and consulting services, as well as providing users with the ability to book such services.
Users who are interested in a Metricized service must first initiate a communication request via the Website. You may contact Metricized and book a free consultation here.
The Website will in turn create an email thread in which you and Metricized may communicate, share information, request clarifications, request additional details, etc. Our staff will also assist you with the booking process, help solve discrepancies when possible and ensure that these Terms of Service are being met.
Digital Signature; Electronic Records
By clicking to accept these Terms of Services when prompted on the Website, you are deemed to have executed this Agreement electronically; effective on the date of your acceptance, pursuant to the US Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Service registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records in writing. You give us permission to provide any records you may be entitled to, such as contracts, account notices and other communications, electronically instead of in paper form.
Your Conduct on Our Website
As a condition of your use of our Website, you agree that: (i) you are an individual person more than 13 years of age; and (ii) your use of this Website and our Services will at all times comply with the terms of these Terms of Service and all applicable laws.
BY USING THE WEBSITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:
Tampering or interfering with the proper functioning of any part, page or area of the Website and any and all functions and services provided by Metricized;
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Website, or attempts at hacking, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Website;
Using the Website, any of its contents, or any part of the Services to compete, directly or indirectly, with Metricized;
Using the Website or any of its resources to solicit Metricized customer to become users or customer of other online or offline services directly or indirectly competitive or potentially competitive with Metricized;
Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
Metricized reserves the right to refuse, cancel, or terminate any services or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our users, business partners, the public, or Metricized, or that expose you, Metricized, or others to risks unacceptable to us. We may share any information related to your use of the Website and our services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, our services, your and transactions made through or in connection with your use of the Website or our services.
If you discover or suspect any violation of the above terms, please email our customer service department at email@example.com to tell us about any problems so that we can keep our Website working properly. We may limit or terminate any of our Services, remove content, and take technical or legal steps to keep users off our Website that are violating our Terms of Service, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
In order to purchase or book our Services, you must provide information for at least one valid payment method. Metricized accepts the following methods of payment: credit cards, debit cards, in some cases bank accounts, PayPal, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).
As a customer, your Payment Method will be billed anytime you purchase any of our Services or if you have registered for a recurring Service.
By providing Payment Method information to Metricized, you represent and warrant that:
you are legally authorized to provide such information to us;
you are legally authorized to use the Payment Method(s); and
such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
When you authorize a payment using a Payment Method, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
Metricized uses third-party payment processing partners to bill your Payment Method and you acknowledge that by purchasing any Service, you are agreeing to any and all applicable terms set forth by our payment partners.
Due to Metricized’s investment of time in providing quality Services, all Services fees are NOT refundable. Metricized does not offer and is not required to provide any refunds or credits for any reason, including, without limitation, lack of satisfaction or your failure to fully utilize the Services.
Your Limited Right to Use the Website
This Website and all the content available on the Website are the property of us and/or our Affiliates and are protected by copyright, trademark and other intellectual property laws. You may not use the Website or the content available on the Website in a manner that constitutes an infringement of our rights, our Affiliates’ rights or that has not been authorized by us.
Intellectual Property Ownership
All the content on the Website (illustrations, texts, names, service names, images, videos, etc.) is the property of us and our Affiliates. Any partial or total reproduction of our content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Website. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is severely punishable under United States law.
Third Party Websites and Services
Our Website may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Metricized has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources or the business practices of the third parties providing such Third Party Resources. Metricized is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby.
You acknowledge that Metricized is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Metricized will 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 content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Website are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that Metricized is not liable for any loss or claim that you may have against any such third party.
Ownership of Content and Data
You will be solely responsible for all materials, information and other content provided by you, including, without limitation, all personally identifiable information relating to you or your business (“Your Content”). You grant to Metricized all necessary rights and licenses in and to Your Content necessary for Metricized to provide the Services under this Agreement. As between you and Metricized, you retain all of your rights in and to Your Content and do not convey any proprietary interest therein to Metricized, other than the licenses set forth herein.
Data from Minors
The Metricized Website is not directed to children under the age of 13 years. We do not knowingly collect personal data from children under 13 years. If you are under 13 years of age, please do not use the Metricized Website, and do not provide any personal data to us.
If you are a parent of a child under the age of 13 and become aware that your child has provided personal data to Metricized, please contact us by emailing us at firstname.lastname@example.org. You may request that all data relating to your child be deleted.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data.
All information and content provided by Metricized through the Website and Services is for informational purposes only, and Metricized does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Website and Services is at your own risk.
You hereby agree that Metricized is the owner of all data other than Your Content, including any data generated by our system or compiled from information inputted into our Website by any users on an aggregated basis (collectively, “Company Data”). Metricized may use all of our Company Data in any way we choose (including to improve or adapt our Website and Services), or to create or develop new products and services. For example, Company Data includes statistics concerning the amount of sales per day across the accounts of all our customers, which we use to determine our server capacity and speed needs.
General Practices Regarding Use and Storage
You acknowledge that Metricized may establish general practices and limits concerning use of our Website and Services, including without limitation the maximum period of time that data or other content will be retained by us and the maximum storage space that will be allotted on Metricized’s servers on your behalf. You agree that Metricized has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Metricized reserves the right to terminate Services or customer accounts that are inactive for an extended period of time, provided that Metricized will use its commercially reasonable efforts to provide you with reasonable notice before terminating your customer account or Services. You further acknowledge that Metricized reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
“Confidential Information” shall include, but is not necessarily limited to, (i) non-public financial information concerning any party; (ii) information concerning any user’s business, services or products (both current, past and planned); and (iii) any information designated as confidential in writing at or prior to disclosure.
You agree to use good faith efforts and, at least the same care that you use to protect your own Confidential Information of like importance, but in no event no less than reasonable care, to prevent unauthorized dissemination or disclosure of Metricized’s or any user’s Confidential Information both during and after the term of this Agreement. In addition, you shall use Metricized’s or another user’s Confidential Information solely as necessary for the performance of this Agreement and use of the Website as indented by Metricized.
The restrictions in this section “Confidentiality” shall not apply to information which:
has become publicly known without breach of this Agreement or any other confidentiality obligation by the receiving party;
has been given to the receiving party by a third party with a legal right to so disclose;
was known to the receiving party at the time of disclosure as evidenced by its written records;
was independently developed or obtained by the receiving party without reference to Metricized’s or another user’s Confidential Information; or
is necessary to establish the your rights under this Agreement; or must be disclosed by the receiving party to comply with any requirement of law or order of a court or administrative body (provided that the receiving party will endeavor to notify the disclosing party of the issuance of such order and reasonably cooperate, at disclosing party’s expense, in its efforts to convince the court or administrative body to restrict disclosure).
General Legal Compliance
You acknowledge and agree that, as between you and Metricized, you are responsible for compliance with all federal, state or other applicable laws governing the use of our Website and Services, including, but not limited to, laws applicable to direct marketing and privacy. You further acknowledge and agree that Metricized merely provides a “routine conveyance,” as that term is defined in 15 U.S.C. § 7702 (CAN SPAM Act), in connection with the transmission of any electronic mail messages on your behalf in connection with the Website. You also agree to comply with Metricized’s policies and rules for use of the Website, including its e-mail transmission Services, as made available to you and as amended by Metricized from time to time in its sole discretion.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Website, believes its copyright, trademark or other property rights have been infringed by a posting or content or sale on this Website or our website, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Identify the material that you claim is infringing upon your copyrighted work
Your contact information, including an email address
Enough information, if possible, to permit us to notify the owner of the allegedly material or other content
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the notice
Send the written communication to the Designated Agent for Claimed Infringement at the following address:
Attn: Metricized Infringement Agent
7750 Okeechobee Boulevard
West Palm Beach FL 33411
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS, CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (B) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH ACTIVITIES.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OUR SERVICES.
Notwithstanding the above, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) shall not EXCEED THE TOTAL AMOUNT PAID TO METRICIZED UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
No Legal or Financial Advice
You understand that Metricized and its Affiliates, is not your employee, nor your agent, lawyer, financial advisor, business manager, financial consultant, financial analyst or accountant. You understand that Metricized has not promised, shall not be obligated to, and will not:; (1) perform any financial management or financial consulting functions including, but not limited to, investing, investment consulting, or investment advice with regard thereto; or (2) act as a financial analyst, financial consultant or financial manager. Metricized expressly disclaims any and liability, claims, damages, losses, costs or expenses, related to or arising from this Agreement. And, you hereby confirm that you understand, acknowledge and accept this disclaimer, and agree to release and waive any liability, claim, damages, loss, cost or expense, inconsistent with, related to or arising from the Services or this Agreement against Metricized’s or its Affiliates.
No Guarantee of Results
You understand, acknowledge and agree that Metricized cannot make guarantees about results or performance from SEO Services, and that such results have certain inherent limitations. Your results may differ from results of other Metricized clients or other businesses similar to yours for many reasons, including, without limitation: (1) projected results do not reflect actual real-life situations that you may encounter; (2) projected results do not account for the impact, if any, of certain industry or market factors that may affect your results; and (3) your industry may be volatile and may have inherent issues that cause the results you obtain to differ substantially from time to time.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You hereby agree to release us and our affiliates, officers, directors, agents, and employees from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website or our Services with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
You may terminate any of your Services at any time by sending us an email at email@example.com.
Upon termination or suspension, regardless of the reasons, your right to use the Website and Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account with Metricized, as well as with any third parties related to the Services (such as will rank tracking service providers), and all related information and files in your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Changes to the Terms of Service and the Website
Metricized’s Website is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Service by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
This Website (excluding any linked sites) is controlled by us from our offices within Florida, USA. By accessing this Website, you agree that the statutes and laws of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the acquisition of products, content and information available through this Website. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Florida with respect to such matters.
Even though this Website may be accessible worldwide, we make no representation that content on this Website is appropriate or available for use in locations outside the United States, and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, content and/or information made in connection with this Website is void where prohibited.
Relationship Of The Parties
This Agreement and any account registration will not be construed as creating or implying any relationship of agency, partnership or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Metricized, LLC, 7750 Okeechobee Boulevard, Suite #4-992, West Palm Beach FL 33411 if by conventional mail.
Neither party shall be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including but not limited to acts of God, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, Internet failure, transportation facilities shortages, fuel or materials or for failures of equipment, telecommunications facilities or third party software programs.
If any term or condition hereof is found by a court or administrative agency to be invalid or unenforceable, the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.
The failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. A party’s remedies set forth herein are not exclusive and are in addition to any and all other remedies available at law or in equity, none of which shall be deemed as waived by virtue of a party’s exercise of any other remedy.
Metricized reserves the right to add or delete programs or services as part of its continued enhancement of the Website. Metricized will give you thirty (30) days notice of any such changes and any fee increases or decreases related thereto.
You may not sell, assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any other person or entity, without the express written consent of Metricized.
Notwithstanding anything to the contrary contained in this Agreement, Metricized may track, analyze, and/or create reports related to aggregate activity in connection with your use of the Website and share such information with its affiliated companies. Metricized, and such affiliated companies, may utilize such information to create, market, and sell products and services. You have the right to grant Metricized and such companies the foregoing rights.
Modifications or Amendments
This Agreement may be amended or any term may be waived, modified, or amended in Metricized’s sole discretion by providing written notice to you.
This Agreement and any related Supplements, Exhibits, Addenda or additional terms, or attachments represent the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings. There are no representations, warranties, promises, covenants or undertakings, except as described herein.
Feedback and Comments
We welcome any comment, question and communication at email@example.com.