Terms of Service
This agreement (the “Agreement”) defines the relationship between Gadook, LLC . (“Gadook”, the “Company”, “we”, or “our”) and you (“you”, “your”, the “Customer”). Gadook provides internet marketing and related services (the “Services”) for the Customer or someone that the Customer has designated to be the subject of the Services provided by Gadook (the “Named Party”). We may change the description or content of our Services at any time.
By accepting Gadook Terms of Service electronically or in writing, and/or by using our services, including but not limited to, submission of content to the Gadook team, payment or authorization of payment, you (Customer) agree to be bound by the following terms and conditions. The Customer also agrees that Customer’s electronic acceptance of this terms of service shall have the same force and effect as if Customer had agreed to this terms of service in writing.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ORDERING ONE OF OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement.
Content of the Service. Gadook Services takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Gadook or its Service have any obligation to monitor such third party content. Gadook , reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Gadook also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of its users and the public. Gadook will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
Intellectual Property Rights. You acknowledge that Gadook Services owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the “Service”), and such Gadook Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Gadook Rights include rights to (i) the Service developed and provided by; and (ii) all software associated with the Service. The Gadook Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Gadook and the Service does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Gadook account. We will not use any of your content for any purpose except to provide you with the Service.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Gadook, LLC to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You represent and warrant that you will not post articles, newsletters, websites, blogs or other information which directly conflicts with the strategy and/or scope of work prescribed by us according to the search engine algorithm. Gadook moreover, does not guarantee or warrant that it will be successful in effecting removal or alteration, if such service is to be performed, of any Internet content about the Customer or the Named Party he or she has designated as the subject of the searches to be undertaken by the Company.
Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Gadook; provided, however, that a terminated account may continue to exist for up to two weeks before such cancellation takes effect. Gadook may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. Except as set forth above or unless Gadook has previously canceled or terminated your use of the Services (in which case subsequent notice by Gadook shall not be required), if you have provided a email address, Gadook will notify you via email of any such termination or cancellation, which shall be effective immediately upon it’s delivery of such notice. Sections of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
No Chargebacks; Anti-Fraud Policy. Client understands that no chargebacks of any kind are allowed. Gadook deems unauthorized chargebacks as consumer fraud and will proceed to collect by any means necessary. Client is responsible for attorney’s fees, fees for collection agencies or third party intervention if client charges back or does not pay monies owed. Client must contact Gadook by phone to obtain authorization to chargeback. If Client charges back without following proper procedure, Client will pay Gadook $500 in chargeback fees for each occurence together with all other amounts owed Gadook. Gadook may report any outstanding balances to the three main credit bureaus and may have the incident reported to anti-fraud databases which may prevent any further purchases on the Internet.
Refunds. All sales of all Gadook services are final. No refunds shall be given by Gadook or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. The Customer acknowledges and accepts the risk that Gadook may not succeed in effecting the removal or alteration of any Internet content about the Customer or the Named Party whom the Customer designates as the person about whom Gadook, will undertake to effect the removal or alteration of Internet content. No refunds shall be given by Gadook for any reason. Further, the Customer hereby acknowledges that the Company can not and does not make any guarantees or warranties, and the Customer therefore understands that he or she foregoes the right to dispute credit card charges on the grounds that the Company has failed to deliver satisfactory services. The Customer therefore foregoes his or her right to dispute the credit card charges he or she incurs with the Company.
Billing and Payment. All fees for the services shall be in accordance with the fee schedule then in effect, the terms of which are incorporated herein by reference. Fees will become due with as a anniversary billing mode (daily) or monthly anniversary mode. Gadook reserves the right to charge, bill or invoice your account up to 21 days prior to the due date. All late payments are subject to a 10% late fee or a 1.5% late fee per month whichever is higher.
Check Payment NSF or Cancellation. If the customer either cancels the check or submits a check which is returned for any reason Gadook will secure the following remedies: 1) A minimum service fee of $100.00 will become immediately due and payable. 2) If an alternate payment has not been made with 24 hours Gadook will assess a collection fee of $200 or double the check amount whichever is greater, which will become immediately due and payable. 3) Beyond 2 hours of research time Gadook will bill the customer in half hour increments at a rate of $93.50 per hour. All hours will be recorded and submitted to the customer for payment which will become immediately due on the date of the invoice. 4) Each check cancellation or NSF will incur the above referenced expenses. 5) If the customer does not pay the fees listed above then Gadook will file with the proper authority and/or take legal action against the customer. The customer agrees to pay all legal fees associated with the collection of this debt.
Negative Comments/Slander/Libel. The Customer specifically agrees not to engage in negative comments, libel or slander regarding Gadook including but not limited to publishing, or causing to be published, complaints or derogatory comments about Gadook in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Gadook will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Gadook shall be entitled to litigate this matter, and obtain the money damages together with injunctive and punitive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees.
Indemnification. You agree to hold harmless and indemnify Gadook and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Gadook will provide you with written notice of such claim, suit or action. You agree to provide the information required by the service, and understand that the better the information you provide the better results you’ll see. You authorize us to use your information to search the Internet and the using any tool available. You authorize us to use the information you provide to create and publish web content. You grant us the right to publish any or all of the content you provide on any website we deem fit for the purposes of any service. You authorize us to modify any content as we see fit to provide the service. You warrant that you have the right to distribute the content you provide us, and to indemnify us against any damages arising from the use of the content you provide, whether due to copyright infringement or other reason. You authorize us to act on your behalf in creating accounts on other sites in your name. You specifically release and hold us harmless for all damages caused as a result of any service, including any damages resulting from publication of content you provide us, disclosure of your relationship with Gadook or any other cause. The Customer waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Gadook its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. The Customer waives any tort claims that arise by act, or omission.
THE Gadook SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN Gadook SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Gadook AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Gadook AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Gadook SERVICES. Gadook AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Gadook SERVICES. Gadook AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Gadook SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Gadook SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Gadook SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Gadook, LLC SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM SUCH MATERIAL OR DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Gadook OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE Gadook SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Gadook OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Gadook SERVICES, FROM INABILITY TO USE THE Gadook, LLC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Gadook SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Gadook SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Professor Gadook SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Gadook SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Gadook SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Gadook SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Gadook SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Gadook or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Further, you agree to indemnify Gadook against any loss or damage caused to Gadook resulting from fraudulent or malicious representations of identity made to Gadook.
Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. If you take any actions which compete with our scope of work in the search engine algorithm it may result in immediate termination of this Agreement. Violating Gadook’s Acceptable Use Policy may result in temporary or permanent limitation of a Customer’s account. The services provided by Gadook may change at any time. The methods used to provide services may change at any time. The pricing of services may change at any time. Malfunctions are to be expected in technology driven products. By accepting these terms you represent that you are aware that Gadook is a technology driven service and accept any problems related to such a service.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Gadook.
Electronic Signatures. Accepting the electronic copy of the work order/work request/contract, submitting content through any Active Collaboration System, making payment, or submitting information or documents to Gadook so that Gadook may perform services for the client, the same shall constitute an electronic signature as defined by Florida ’s Uniform Electronic Transactions Act.