AOB Marketing, LLC. Terms & Conditions
Additional Announcements and Agreements
1) First Page of Google Search Results cannot be Guaranteed (Google, Inc. controls that)
2) Leads cannot be Guaranteed. The actions of people, in general, cannot be predicted
Client Name: _______________________________________________
Client Email: ________________________________________________
Mandatory Signature Needed to Continue with Our Services
Below are your contract terms for your specific requested services with AOB Marketing, LLC., hereby referred to as Company and/or AOB Marketing.
1. Contract Term or Length of Contract: ______________________
2. Initial Setup Fee Paid: ______________________
3. Total Monthly Hosting Including MLS Board Pass-Thru Fee (if applicable): ____________________
4. Billing starts immediately once this contract is signed.
5. Once contract term is fulfilled, we require a 30-day verbal (over the phone) cancellation. Any other form of cancellation cannot be accepted due to security reasons.
Your Purchase Terms and Conditions
These terms and conditions constitute a binding contract (“Agreement”) between Company, you as a client (“you” or “client”), your contract period of ___________________________________________ (“term”), the initial setup fee you have agreed to pay totaling ______________________________________________________________________ (“setup fee”), and your agreed upon monthly budget of
_________________________________________ (“monthly budget”) for these packages or services labeled as
_____________________________________________________________________________. This binding contract applies to all services provided by Company to you.
Terms & Conditions
WARRANTIES AND LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND A COMMITMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
AS DISCUSSED FURTHER BELOW, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE THIS AGREEMENT
THE AGREEMENT REGULARLY. YOUR ACCESS TO ANY PART OF THE PRODUCT IS DEEMED TO BE YOUR ACCEPTANCE OF THIS
AGREEMENT AS IT EXISTS AT THE TIME YOU ACCESS THE PRODUCT. THESE TERMS AND CONDITIONS OF USE ALSO APPLY TO
THE AOB MARKETING LLC. WEBSITE LOCATED AT WWW.AOBMARKETING.COM
We are excited to have you as a part of this team. Keep in mind you can contact us at any time if you have any questions by phone or you may submit your questions to firstname.lastname@example.org. We at AOB Marketing, LLC., have you agree to these terms and conditions on the purchasing order form so we can be sure that it is indeed an agreement coming from you, the client, using your own email address, credit card and IP address familiar to you. We do this for security reasons only, just to make sure you are who you are. Thank you for understanding.
By agreeing to these terms and conditions you are agreeing to pay for the services that have been requested by you through either means of our website, verbally, or by email; as well as any monthly payments that are attached to any of those services.
If you are purchasing a full website, a test version of your website will be created and running within 7 – 10 business days. To make your site completely live on your desired domain, we need all domain information from you as soon as possible. Your Website Package monthly billing starts immediately at the time of purchase, while your monthly billing cycle will always be on the first of every month following the initial purchase.
A website package is usually complete with a one-time investment as well as a monthly payment. There are different prices regarding the one-time investment as well as the monthly payment depending on which service and product that you are purchasing. This should also be made clear during your one-on-one phone call with AOB Marketing, LLC. within the first 2 business days.
MLS Pass-Through Fees
Certain MLS boards require many different types and prices of MLS Pass-Through Fees. These fees are in no way regulated by AOB Marketing, LLC. and nor can they be changed by us. However, these fees can change at any time by the MLS boards themselves, and can be a one-time fee, or can be an additional monthly fee. These fees may be separate charges and may need to be paid by you on their own (by You) as a
separate charge through your MLS board. These fees may also be included in our services and added to your account, at your request, to reflect those MLS pass-through fees.
You may, at any time, purchase new communities to be added to your website. Please do this through our website or any of our support professionals by calling our office. The prices for communities change all the time depending on times of the year and when we have arbitrary promotions. Prices for communities are subject to change at any time and can be a one-time fee.
Terms and Conditions
Your right to use this website is subject to your acceptance of the following terms and conditions submitted by AOB Marketing,
LLC. (“Company”). Company reserves the right to modify these terms and conditions from time to time.
1. You agree, represent, and warrant that you shall at all times provide accurate information when registering an account with AOB Marketing, LLC. and when using the Product. You agree to update and maintain as accurate all such information during your use of the Product. You may update the information by contacting AOB Marketing Customer Support via telephone at (858) 779-4202.
2. This Agreement shall apply to each Product you purchase from AOB Marketing, LLC., separately as the Products may be subject to different terms and conditions (as further described below). You may also purchase Products at different times, each time you purchase a Product, you consent to the terms and conditions of this Agreement as a separate agreement between you and AOB Marketing, LLC.
Scope of Work
3. If a web package is purchased, Company will provide consultation regarding the client’s web presence. Company will provide hosting for client’s website files and databases as well as a full WordPress website with admin access for the client. Company will give the Client an onboarding session over the phone, at a scheduled time convenient for client on how to work and log into their website admin area. Our Customer Success team will answer and assist with any questions you may have regarding your Web Package.
4. Client’s website will be up and running within 7 – 10 business days, if client has supplied all required and necessary data in order for the website to be completed.
5. Client’s monthly billing starts immediately at the time of purchase, whether you (The Client) provide Company with the information needed or not. Client’s billing cycle will always be on the 1st of every month following the initial purchase.
6. You may edit and manage your website through the AOB Marketing Admin Panel. Edits, upgrades, and/or color changes outside the scope of the AOB Marketing Admin Panel may be available at an additional cost through AOB Marketing’s support services. Any custom work that falls outside the scope of our normal services must be paid for at an hourly rate of $100 per hour to Company from Client.
7. Company owns and can delegate all files relating to their themes located on their servers. Company acknowledges that prices for work come at a lower price because they are able to perform their own hosting paid by client in monthly periods. Company reserves the right to charge the client any given amount to have access to, or hand over these said files to client depending on work performed and length of payments performed by client.
8. You are responsible for providing all content for your site. Stock photos and graphics provided by AOB Marketing will be used until you submit your own content. You should take extreme care in securing and providing your own content for posting. You must ensure that you own or are properly licensed to use all content you add to your website. Company relinquishes all ownership and rights to any and all images and content to the Client upon Client’s website going live on their domain name. Once Client’s website has been handed to the Client to control, images and content are owned by Client and controlled by the Client only. Client will be responsible for any and all copyright infringement that may be brought to their attention whether it be on accident or intentional or even actions and work provided by Company. Company has no way of knowing if images or content given to perform work is under copyright or not, therefore, the Client is responsible for the exchange of that copyrighted material.
9. If a community addition is purchased, Company will access client’s website backend and create community information specified by the client which will show on their website.
10. If Facebook IDX is included, client must give Company access to their Facebook account. Company will create tabs on their Facebook business page for property searches and featured properties which are linked to their MLS board.
11. If Company agrees to perform other work or services for Client, Company will keep track of hours worked and invoice Client accordingly.
12. Company will not perform any 301 redirects unless an hourly payment agreement is made between Client and Company. Company may invoice Client accordingly for any extra work performed.
13. __________ if Client is unable to attend the walk through or is unable to be contacted by that day, 5 weeks after the date of purchase, Client gives Company authority to register a domain similar to, using Company’s best intuition, that of the Client’s requested domain. Client will be charged $30 per year for this domain so long as they choose to keep it on a yearly basis, or if Client decides to never contact Company to change it. Company will then make the test domain live under this new domain name. Domain will be registered by a GoDaddy reseller and will be owned by Company and will be maintained under Company’s account. Doing this allows for Client’s website to go live so their web presence can start gaining exposure. Client must contact Company to switch domains at any time and Client must either give Company their own registrar login information or Client can change their nameservers on their own to point to our servers. Client must notify Company if the latter option is performed.
Terms and Contract
14. __________ This contract and web package service is a ______________________________ program. Therefore, Company reserves the right to commit the Client to a ___________________________________ contract to give their product ample time to mature and see results (barring any additional addendums that includes a longer contracted term). The contract starts the day of the purchase. If Client decides to cancel before the contract has ended, Client is responsible for the remainder of the payments and will automatically be charged for the remainder of the contract dependent upon the contracted monthly rate.
15. Length of contract and rate of monthly payment may be changed at any time with an agreement by both Company and Client.
16. Please review the Billing Notes and Cancellations sections in these Terms and Conditions for more information.
17. After this contract term has ended, all services will continue to be serviced and will automatically be renewed on a month-to-month basis. This holds true for any and all services provided by Company. By signing, Client acknowledges and accepts this renewal procedure without notification of their end of commitment date. If Client decides to cancel after the initial commitment and is in a month-to-month renewal phase, Client is still required to notify Company with a verbal 30-day notice and is to adhere to the cancellation requirements stated within these signed Terms and Conditions.
Fees and Costs
18. There is a setup cost that must be paid upon purchase of any package. Setup costs are determined by our sales representatives and your current situation. Setup costs may vary depending on the package, quantity, amount of additional work needed, coupons, promotions, and even other factors not discussed here.
19. Monthly payments are required for most, if not all services and vary depending on which type of package is chosen, how many agents are included, how many MLS accounts are included, MLS pass thru fees, MLS pass thru set up fees, and any other iHomeFinder costs.
20. Fees and Costs can change at any time for any reason.
21. Fees and Costs may be found for our products for sale on Company’s website. Our products page online, or any services shown anywhere on the internet may be updated with new fees, costs, and descriptions at any time.
22. Your website will be compatible with Firefox (versions 3.0 and higher), Microsoft Internet Explorer (versions 10.0 and higher), and Google Chrome (versions 30.0 and higher), and for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7 and Mac OSX. Your website will also be compatible with most mobile smart phones and devices.
23. Company is not liable for any loss of email or any delays that may be caused by domain modifications or transfers. When authorizing the transfer of a domain, you are still the owner of the domain and Company is the registrar. It is your responsibility to renew the domain name. Domain Purchases are non-refundable and subject to availability.
24. While Company is not responsible for the renewal of domain names, renewal and maintenance of domain names are your responsibility.
25. You, the Client, will be responsible for monthly Service and Support fees which may include fees associated with your website and additional products and services you may have purchased. The 30-day Term is to commence on the Effective Date. The Effective Date is defined as the date the client pays the required fees and approves the terms and conditions. Client’s billing cycle will start on the 1st day of the following month after your purchase, whether Client appears at the walk-through or not, as well as whether the website goes live or not.
26. You, the Client, are responsible for providing all content for your site. Stock photos and graphics will be used until you submit photos. You should take reasonable care and act with reasonable diligence in securing and providing your own content for posting.
27. Custom edits upgrades and/or changes to your website may be available at an additional cost through Company.
28. You agree to grant Company with the approval to automatically populate your MLS listing information to your website, in those MLS territories providing this functionality. Please be advised that Company may discontinue this functionality, without prior notice, if your MLS restricts this capability.
29. You agree to accept any and all notices delivered via e-mail from Company regarding service, billing and marketing-related issues now and even after any service cancellation unless Client unsubscribes from said notices. Company agrees to not release your email address to third parties for solicitation purposes.
30. We reserve the right to refuse, cancel, or discontinue any and all services at any time for any reason to any person.
31. Company is NOT responsible for any changes made by Facebook and/or Twitter or any other third-party resource.
32. Company does NOT guarantee service outside of the United States of America (“USA”). The majority of hackers and online attacks happen outside of the USA. Company reserves the right to refuse access to our services and servers outside of the USA to preserve the security of our service, servers, and our Clients.
33. The specific features and functionality of the Product are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Product. We also reserve the right to withdraw, suspend, or discontinue any feature or functionality of the Product at any time.
34. “Real Estate Websites AOB Marketing, LLC.” or “REALTOR ® Website Marketing & Design AOB Marketing, LLC.” or “AOB Marketing, LLC., Real Estate Website Marketing & Design” or “AOB Marketing, LLC.. REALTOR® Website Marketing & Design.” and the year of creation may appear on the footer on all websites created by Company.
35. By uploading or posting, You consent or by communicating with AOB Marketing, including submitting or sending content to us, you grant AOB Marketing a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) in order to communicate with you, to process your requests and transactions, and to provide the Product.
37. You, the client, will be the owner of the copyrights with respect to text that you author and post on your website. You unconditionally represent and warrant that you are the owner, assignees, or authorized user of any and all copyrights or trademarks with respect to the content that you post to your website. This includes, without limitation, text, images, photographs, and graphic designs. Company is not responsible for verifying your ownership of such rights. You agree to hold harmless, protect and defend Company from any copyright infringement claim or related suit arising from the use of such elements you provide for or post to the website.
38. Company may own or hold a license to use and sublicense various materials in existence before the start date of this Agreement (“Company’s Materials”). Company may, at its option, include Company’s Materials in the work performed under this Agreement. Company retains all right, title and interest, including all copyrights, patent rights and trade secret rights in Company’s Materials. Company grants client a royalty-free nonexclusive worldwide license to use any of Company’s Materials incorporated into the work performed by Company under this Agreement. Client may use Company’s Materials only in conjunction with the work product and not in your other products. The license shall have a perpetual term and may not be transferred by you. Company’s materials include designs, code, programs, utilities, and all related materials, as well as programming, consulting, creative and marketing ideas.
39. Certain materials provided through the Product are protected by intellectual property laws, including but not limited to copyright laws. You acknowledge and agree that the content accessible through the Product that is not uploaded by you and not expressly designated as being provided by a third party is the property of AOB Marketing and its content providers, and AOB Marketing and its content providers retain all right, title, and interest in the content. Specifically, and without limitation, AOB Marketing and its content providers are the owners of all copyrights with respect to the content that AOB Marketing provides in connection with the Product. In this respect, references in this Agreement to your “purchase” or “order” of a Product are to be construed as the purchase of a subscription or term license to such content. Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Product and related materials solely for your own use of the Product. Except as expressly provided otherwise in this Agreement, all rights are reserved.
40. In connection with the use of the Product, you may NOT:
a. alter or modify the Product, or make any electronic reproduction, adaptation, distribution, performance, or display of the Product, or any portion thereof, except to the extent permitted by the intended functionality of the Product or as required for the limited purpose of reviewing material in connection with legitimate use of the Product otherwise consistent with the Agreement.
b. sell, rent, lease, transfer, or assign to any third party any rights to your account, the Product, or related materials.
c. use the Product for any non-authorized purpose or any illegal purpose.
d. copy, modify, erase, or damage any information contained on computer servers used or controlled by AOB Marketing or any third party, except to the extent permitted by the intended functionality of the Product.
e. use the Product to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable.
f. access or use any password-protected, secure, or non-public areas of the Product, or access data on the
Product not intended for you, except as specifically authorized by AOB Marketing.
g. impersonate or misrepresent your affiliation with any person or entity.
h. use any automated means to access or use the Product, including scripts, bots, scrapers, data miners, or similar software, or display the Product, or portions thereof, in things (e.g., framing, scraping, etc.), except as specifically authorized by AOB Marketing.
i. attempt to or disrupt, impair, or interfere with the Product or any information, data, or materials posted and/or displayed by AOB Marketing.
j. attempt to probe, scan, or test the vulnerability of the Product or breach any implemented security or authentication measures, regardless of your motives or intent.
k. attempt to interfere with or disrupt access to or use of the Product by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
l. willfully or knowingly create or contribute to circumstances that are dangerous or hazardous or that increase the risk of personal injury or damage to real or personal property of another person; or
m. post any content to the Product that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content
protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including AOB Marketing’s rules and policies.
AOB Marketing MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO AND USE OF THE PRODUCT AT
ANY TIME IN ITS SOLE DISCRETION FOR ANY BREACH OF THE AGREEMENT BY YOU.
41. Company has no control over and is not responsible for the content of sites that you may choose to link from your website and assumes no responsibility for the content of a site your site links to or if a site that you choose to link to has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, email, contact information, etc.
42. All services offered by Company are to be used lawfully in compliance with any federal, state, and local laws, as well as the rules of the acceptable Internet use policies.
43. Company will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to human error, hardware failure, software failure, or telephone company or ISP outages). COMPANY LIABILITY FOR ANY CLAIMS WHATSOEVER, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING CLAIMS BASED UPON DESIGN, ERROR, OMISSION, NEGLIGENCE, DEFECT, FAILURE TO MAINTAIN SERVICE, OR ANY OTHER CLAIM SHALL NOT EXCEED THE CONTRACT PRICE HEREIN.
44. If applicable, we at Company have an IDX agreement with your MLS Board. We have no control over and therefore are not held liable should your broker not offer to sign the IDX paperwork or any other paperwork that needs a broker signature. In this case you will be dropped down to our Non-IDX Web Package (prices may vary) and we’ll “iframe” in whatever property search or listing service your Broker and/or MLS board provides you (The Agent) with. By your broker not allowing you (The Agent) to display the MLS is not breach in contract and no refunds will be given after 48 hours after the purchase. After 48 hours, all sales will be considered final. As an example, if you purchase a website on Monday at 3:25pm PST, you would need to cancel with us by Wednesday BEFORE 3:25pm PST.
45. We disclaim errors, inaccuracies, and omissions of the Product, and we reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice. AOB Marketing makes no guarantees as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Product. If you believe any portion of the Product includes an error or inaccuracy, please notify us.
46. It is not possible to operate the Product with 100% guaranteed uptime. AOB Marketing will make commercially reasonable efforts to keep the Product operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Product. In addition, AOB Marketing reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Product, with or without notice.
47. You agree that AOB Marketing shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Product.
48. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL AOB Marketing, LLC. OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY
OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, OTHER CONTRACTORS, SUCCESSORS, OR
ASSIGNEES) BE LIABLE TO YOU OR ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, OTHER
CONTRACTORS, SUCCESSORS, OR ASSIGNEES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING
BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM
DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA
(INCLUDING NETWORK OUTAGES DUE TO, WITHOUT LIMITATION, HUMAN ERROR, HARDWARE FAILURE,
SOFTWARE FAILURE, OR TELEPHONE COMPANY OR ISP OUTAGES), LOSS OF USE OF MONEY OR USE OF
PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS
ENSUING FROM OR IN CONNECTION WITH (A) THE PRODUCT; (B) ANY PRODUCTS AND SERVICES OFFERED
THROUGH THE PRODUCT; OR (C) ANY ACTS OR OMISSIONS OF USERS USING THE PRODUCT, EVEN IF AOB Marketing,
LLC. OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
49. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL
CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS
FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
50. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AOB Marketing
AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF
FEES PAID OR PAYABLE TO AOB Marketing BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS
($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN
CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT
LIABILITY IN TORT), AND EVEN IF AOB Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY.
THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
51. If the MLS to which you are a member requires signed documentation before Company may implement IDX on your website, you will receive the document via email and/or fax. It is vital that you e-sign, fax, or email the completed agreement back immediately so we can properly install IDX on your website, if applicable.
52. You authorize AOB Marketing to automatically populate your multiple listing service (MLS) listing information to your website, in those territories where such MLS functionality is available. Please be advised that AOB Marketing may discontinue this functionality, without prior notice, if your MLS restricts this capability.
53. You are responsible for incremental fees, if any, charged by your MLS.
54. Your site may be launched without IDX enabled. IDX may remain disabled until such time as you return any required paperwork, and it is approved by your MLS.
Third Party Products
55. Company may, from time to time, offer products and services provided by a third-party service provider. Company makes no representations about the suitability of any third-party products or services for any purpose.
56. Company is not responsible for any changes made by social media companies. By choosing to use their products, you are subject to their own terms and conditions.
58. The credit card you provide to AOB Marketing, LLC. will be automatically billed monthly for all charges associated with your account.
59. You will be responsible for applicable monthly service and support fees, which may include fees associated with your website, the Product purchased by you, and additional products and services you may have purchased.
60. You, the client, will incur an 20% service charge should your credit card on file with Company, not go through 7 days after your monthly bill date.
61. If you are delinquent on a payment, Company may deactivate your site, without notice at any time.
62. If your credit card expires, and you do not provide Company an updated expiration date, you agree to allow Company to extend the expiration date.
63. __________ You, or your authorized representative, have up to 48 hours after your purchase to cancel service and receive a full refund. After 48 hours, all sales will be considered final. As an example, if you purchase a website on Monday at 3:25pm PST, you would need to cancel with us by Wednesday BEFORE 3:25pm PST.
64. In order to protect your account, if you wish to cancel your service, you must contact AOB Marketing Customer Support via telephone at (858) 779-4202 so that we can authenticate that you are the authorized account user. All cancellation requests must be verbally communicated directly to an AOB Marketing Customer Support Representative. An email will be sent to the email address on file to confirm cancellation.
65. There is a 30-day cancellation policy (this only applies to Clients that are no longer still in contract). You, the client, will be held liable for any charges that were scheduled to be billed to Company on the exact day you call to cancel. For example, if you, or your authorized representative, call to cancel on May 10th and your account’s billing date is the 20th, you will be billed one last time on May 10th (the day you cancel) as payment to cover for our services provided.
66. IF YOU TERMINATE ANY PRODUCT PRIOR TO THE COMPLETION OF AN INITIAL PRODUCT TERM OTHER THAN DUE
TO A MATERIAL CHANGE MADE BY US TO THE FUNCTIONALITY OF THE PRODUCT OR TO THIS AGREEMENT, ALL
FEES FOR THE FULL PRODUCT TERM WILL BECOME DUE IMMEDIATELY PRIOR TO TERMINATION.
67. __________ If you are no longer in contract, to cancel service, all cancellations and notices must be verbally confirmed by phone by speaking to a live representative in our Customer Support department to assure that all services have been put into the cancellation cycle at that exact time of the phone call. Please call (858) 779-4202 to speak to a live AOB Marketing Customer Support Representative Monday – Friday between 7am and 3pm PST. Cancellations will NOT be accepted in any other form, which includes via voicemail, email, online form submissions, or text message.
68. After your (or your authorized representative) cancel request is fulfilled, you, the client, will no longer pay for the hosting costs. Company reserves the right to delete any and all of your website data and content. Upon deletion, your content and data will cease to exist on our server and database. There is no possibility of recouping that content upon its deletion.
69. Products under contract cannot be downgraded to a less expensive monthly fee until the initial Product term has expired.
70. Termination of one Product does not absolve you from the terms applicable to any other Product. You are still bound by any active contract terms.
71. 48 hours After the point of purchase All sales are final unless otherwise noted.
72. We may cancel or void payments BEFORE service or labor has begun. (Service & Labor begin within 24-48 business hours of purchase)
73. ONCE we have BEGUN SERVICE OR LABOR on your website, Facebook, logo, traffic, order, account, package, etc., we DO NOT issue refunds for ANY reason under ANY circumstances unless otherwise noted.
74. All services are offered at the client’s own risk: no guarantees, no refunds, no exchanges, no credits.
75. AOB Marketing, LLC. and its affiliates, subsidiaries, and vendors cannot and will not be responsible or liable for your (The Client) monetary investment, loss, gains, or profits in any way.
76. You should NOT spend any sum of money, no matter how great or small on marketing or advertising services if you cannot afford to lose it entirely with no return, results, revenue or profit of any kind.
77. No assurances, guarantees or warranties are provided concerning AOB Marketing and our products and services. Use at your own discretion. We encourage all users to fully educate and familiarize themselves with all the implications, information, effects and risks of technology, online marketing and advertising, AOB Marketing, and internet use, especially as it pertains to business and your personal privacy, security, investments, etc.
78. We reserve the right for management to make exceptions and issue refunds or credits at THEIR sole discretion ONLY.
79. This refund policy is effective as of____________________.
80. In furnishing Services hereunder, Company will act as an independent contractor in relation to client. Neither party shall have the right to obligate or bind the other in any manner whatsoever, nor nothing contained herein shall give, or is intended to give, any rights of any kind to any third person. Company has the right to hire assistants as subcontractors, or to use employees to provide the Services required by this Agreement. Client shall not solicit for employment or hire any of Company’s agents who are involved in the performance of the Services during the term of this Agreement and for a period of three (3) years following its termination except as may be agreed to in writing by both parties.
81. “Confidential Information” means all nonpublic technical or business information, including the terms of this Agreement, disclosed by one party to the other party and marked as proprietary or which is of a nature or presented under circumstances that would cause one to reasonably conclude it should be treated as confidential. The receiving party shall return all Confidential Information to the other party upon completion of the services, hold such information in confidence for three years after termination of this Agreement, restrict disclosure of such information solely to its employees with a business need to know such information, and use a degree of care no less than the degree of care as it uses for its own proprietary information to prevent the unauthorized disclosure, use or publication of such proprietary information. Confidential Information will not include, however, any information which is or becomes part of the public domain through no fault of recipient, was in recipient’s possession or known to recipient, without any obligation to keep it confidential, before such information was disclosed to recipient, or that the parties regularly give to third parties without restriction on use or disclosure.
82. If any legal action arises relating to this Agreement, the prevailing party in any court action or arbitration shall be entitled to recover all court costs, and reasonable expenses and attorney’s fees in enforcing this Agreement.
83. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America. Actions relating to this Agreement, including but not limited to its interpretation, application or existence shall be brought in San Diego County, California and
Client irrevocably consents to the jurisdiction of such courts.
84. Client acknowledges reading this Agreement, understands it, and agrees to be bound by its terms. Client further agrees that this Agreement is the complete and exclusive statement of the Agreement between the parties, and that it supersedes all oral or written proposals and all other communications between the parties relating to the subject matter of this Agreement and may only be amended by a writing signed by both parties. You may not assign this Agreement or any of its rights and obligations hereunder, without the prior written consent of Company. In the event that any provision or portion thereof, of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected. This agreement binds and benefits the heirs, successors and assignees of the parties. This agreement may be modified only by a written agreement signed by all the parties. If one party waives any term or provision of this agreement at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time. All terms and conditions hereof shall survive expiration or termination of this Agreement.
Any Form of Monthly Managed Program
85. Client acknowledges that there will be certain contract length and term attached to the service as it is a full contract for an agreed upon length of time (usually 12 or 24 months)
86. Client agrees to provide Company with needed social media access in order to provide certain services to better their situation and success regarding their web package and online web placement. Company agrees to refrain from sharing any private data. Company agrees to only use this access to professionally complete package tasks and assignments.
87. All posts, blogs, pages, content, images, video, media, and any other action completed is based off of the current trends at that time and are deemed the best action to perform at that time based on our professional experience. If Client does not like the action performed, Client may delete and remove the action at any time on their own.
88. Client may make certain requests, with reason, to better help Company in realizing Client’s goals.
89. If Client decides to cancel before the contract has ended, Client is responsible for the remainder of the payments and will automatically be charged for the remainder of the contract dependent upon the contracted monthly rate.
90. This program, package, certain actions, program details, length and cost may change at any time for any reason for any and all clients.
91. Please review the Billing Notes and Cancellations sections in these Terms and Conditions for more information.
92. Search Engine Results are not guaranteed as they are usually based on a Search Engine’s algorithms and their results which they privately own.
AOB Network Traffic
93. This program is specifically built and coded ONLY for websites created and sold by Company. This program cannot be used in conjunction with another website company or self-hosted website outside of Company’s products and websites.
94. This program is an extension of your website hosting service and can only be used in conjunction with Company built websites. Therefore, by agreeing to this program, you are also agreeing to extend the term of your website hosting contract with Company as it is constructed as a “Package Deal”.
95. Company reserves the right to charge Client separately and on different dates from any other monthly service provided by Company to Client.
96. This is not a Pay-Per-Click (PPC) program. This program only uses PPC as part of the strategy to generate leads for Client. Keywords cannot be chosen, as it is not a PPC program. State, Metro, County, City, and Term of Contract (usually 12 or 24 months) are the only requests that can be made for this program.
97. You, the Client, are committing to this program for a certain agreed upon length and Client agrees to stay in this contract with Company for that certain agreed upon length. After the agreed upon time limit has been hit, this program will continue on a month-to-month basis and will be billed accordingly.
98. Results are not guaranteed. Company will educate Client and give recommendations based on experience with other clients. Recommendations are not guarantees.
99. An agreed upon minimum budget is needed to proceed with this particular program. Monthly pricing, above the agreed upon budget per month, depends on Client and how much Client requests to spend monthly. Client will be charged monthly starting on the date the account is set up.
100. To modify a monthly Client budget and/or make other modifications (ie. adding and/or removing State, Metro, County, City) Client must call Company and speak to a live representative at (858) 779-4202.
101. There is a setup fee to start this program. Setup fee varies depending on a multitude of variables, including Area Requested, Length of Contract, and Monthly Requested Budget. The account will not be set up or start until the setup fee has been collected and the first month has been paid. Your first month budget will be lumped into your setup fee and Client will then be charged their budget amount on the first of every month for the remainder of their agreed upon term.
102. There is little data given to prove strategic actions are being performed because there are too many steps and too much data to organize in a timely manner to make this program efficient, timely, and cost effective. In order to keep this program available and affordable, time spent on organization of data must be kept at a minimum. Proof of program continuation is based on lead interaction. Even then, results cannot be guaranteed as it is based on different human interaction with website strategies.
103. Setup fees may be changed at any time due to different sales and promotions.
Disclaimer of Warranties
104. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PRODUCT ARE AT YOUR SOLE RISK. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY AOB Marketing, AOB Marketing DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PRODUCT; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PRODUCT; AND (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PRODUCT, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. AOB Marketing MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PRODUCT ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. AOB Marketing ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
105. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AOB Marketing, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, OTHERCONTRACTORS, SUCCESSORS, AND ASSIGNS (“AOB Marketing INDEMNITEES”) FROM AND AGAINST ALL CLAIMS,
DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, FINES, COSTS, OR EXPENSES (INCLUDING, BUT NOT
LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS,
SETTLEMENTS, AND PENALTIES OF EVERY KIND (“LOSSES”) ARISING FROM OR RELATING TO ANY VIOLATION OF
THIS AGREEMENT BY YOU AND ANY ACT OR OMISSION BY YOU RELATING TO YOUR USE OF THE PRODUCT.
SPECIFICALLY, AND WITHOUT LIMITATION, YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE AOB Marketing INDEMNITEES FROM AND AGAINST ANY AND ALL LOSSES ARISING FROM: (1) YOUR CONTENT, INCLUDINGANY CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY OR PUBLICITY,
AND (2) YOUR USE OR MISUSE OF ANY INFORMATION ABOUT END USERS OF YOUR WEBSITE, INCLUDING ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF SUCH INFORMATION.
Operation of the Product from the United States of America
106. Access to and use of the Product are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this section.
107. By accessing and using the Product, you acknowledge and agree that AOB Marketing controls and operates all parts of the Product from its offices in the United States of America and that the Product is intended for use by users located in the United States of America. Unless expressly stated to the contrary, AOB Marketing makes no representation that the Product is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Product are solely directed to individuals, companies, or other entities located in the United States of America. AOB Marketing reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Product is void where prohibited. If you access or use the Product from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Product in violation of applicable export laws and regulations.
109. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction.
110. Any controversy, claim, or dispute arising out of or related to this Agreement (or the interpretation, performance, or breach of this Agreement) or any Product or other product, service, or content provided or made available by AOB Marketing (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this section. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. Except as described in this section, the arbitration shall be initiated and conducted according to the Rules of the American Arbitration Association then in effect (the “Arbitration Rules”). The arbitration shall be conducted in the County of San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by this Agreement and any other applicable written agreement between us. No Disputes may be arbitrated on a class or representative basis; arbitration shall decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against any party.
111. BY ENTERING INTO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE AS ASSERTED INDIVIDUALLY.
112. If AOB Marketing does take any legal action against you as a result of your violation of the Agreement, AOB Marketing will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to AOB Marketing. You agree that AOB Marketing will not be liable to you or to any third party for termination of your access to or use of any part of the product as a result of your breach of the agreement.
Modifications to this Agreement
113. We may modify the Agreement at any time and in our sole discretion. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at https://aobmarketing.com/terms-and-condition/, or through email. Should you deem any such modification to the Agreement to be unacceptable, you shall stop accessing and using the Product. All changes to the Agreement shall be effective immediately. Your continued use of the Product will constitute your acceptance of any change to the Agreement.
114. In the event AOB Marketing’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemics, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of AOB Marketing, AOB Marketing shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
115. You agree to accept notices delivered via email from AOB Marketing regarding the Product, service, billing, and marketing-related content. AOB Marketing agrees not to release your email address to third parties for solicitation purposes.
116. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
117. This Agreement is the complete and exclusive statement regarding the subject matter of the Agreement and supersedes all prior and contemporaneous agreements, understandings, and communications, oral or written, between you and AOB Marketing regarding such subject matter.
118. The waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of this Agreement will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a party unless it is in writing and signed by its authorized representative.
119. This Agreement does not create any agency or partnership relationship.
120. You may not assign this Agreement, in whole or in part, to any other person or entity without the prior written
consent of AOB Marketing. Any purported assignment lacking such consent will be void at its inception. AOB Marketing may assign this Agreement without your consent, including in connection with a merger, a sale of equity, a sale of assets, or other similar organizational transaction.
121. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors, and permitted assigns, as the case may be.
Terms & Conditions.
Mandatory Signature Needed to Continue with Our Services
Client Signature for: Signature Date: