Terms of Service
The following are the terms and conditions
for use of the Dynamic SEO Service ("Service")
provided to you ("Client") by Apex Pacific Pty.
Ltd ("Apex) through the website www.dynamicseo.com
and www.mySEOCenter.com .
You are requested to read these terms and
conditions ("Terms") carefully before you use
the services of this site. By using the Site, you agree
to follow and be bound by the following terms and conditions
concerning your use of the Site. Apex may revise the Terms
of Use at any time without notice to you.
If you do not agree to these Terms of Service
do not subscribe to or use the Service.
To register for the Service, you must complete
the registration process by providing us with current,
complete and accurate information as prompted by the Registration
Form, including e-mail address (username) and password.
Furthermore, you are entirely responsible for any and
all activities that occur under your account. You must
accept and agree to the separate Terms of Service set
forth elsewhere on the Site.
Apex hereby grants you a non-exclusive license
to use this Service. You may not: (1) modify, translate,
or create derivative works based on the Service, or permit
other individuals to so; (2)rent, lease, transfer or otherwise
transfer rights to the Service; (3)use a single account
for multiple business entities.
Apex and its affiliates will not be held
responsible for changes in the search engine which effect
the Service performance or functionality; however, every
effort will be made to make updates available to all customers.
The customer agrees to verify the changes
made by the Service, and Service harmless from any consequential
or direct damages due to a malfunction of the software.
FEES AND SERVICES
(i) Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are responsible for paying
all fees associated with using our Service and our Site.
(ii) If you are enrolled in a trial period,
the billing shall begin immediately once the trial period
has ended, unless you cancel the Service on or before
the trial period ends. We automatically charge your account
in advance for use of the Service, at the beginning of
the initial term and subsequent renewal terms.
(iii) The renewal charge will be equal to
the then-current service order, unless Apex has given
you at least 30 days notice of the fee changes by posting
the changes on our web site. The fee change shall be effective
upon renewal and thereafter. Fees for other services will
be charged on an as-quoted or published basis.
(iv) You authorize Apex to charge your credit card for
any and all charges associated with your account. We reserve
the right to either suspend or terminate your account
with Apex for failure to pay or refused credit cards.
Any outstanding balance becomes immediately due and payable
upon termination of this agreement for any reason and
any collection expenses (including attorneys' fees) incurred
by Apex will be included in the amount owed.
(v) All Account Charges are NON-REFUNDABLE.
By accepting the Apex services, the client gives up any
right for a refund.
The Service is available to a Client through
the Apex website. Client understands and agrees that Apex
may alter, suspend or discontinue all or any portion of
the of the Site and/or the Service(s) at any time for
any reason, without notice, cost or liability. Client
also understands and agrees that from time to time the
Site and/or the Services may be inaccessible, unavailable
or inoperable for any reason.
Client, at its sole cost and expense, shall
be solely responsible for providing, maintaining and ensuring
that all hardware, software, electrical and other physical
requirements for Client’s use of the Site and the Services,
including, without limitation, telecommunications and
internet access connections and links, web browsers, bandwidth
or other equipment, programs and services required to
access and use the Site and the Services, are compatible
with the Site and the Services.
The Client’s right to privacy is extremely
important to Apex. Any information provided by the Client
will not be shared with any third party. Apex reserves
the right to use the information to provide the Client
a more personalized online experience.
All content present on this site is the
exclusive property of Apex.
Title, ownership rights, and intellectual property rights
in and to the Service shall remain with the Developer.
All copyrights, trademarks, service marks and other intellectual
property rights (collectively referred to as the “Content”),
is the property of Apex and is protected by intellectual
property laws and international intellectual property
This License gives you no rights to such content.
Apex may terminate your account at any time
and for any reason. This agreement will terminate automatically
if you fail to comply with the limitations described in
these Terms. The term of this Agreement shall continue
in accordance with the period of time you selected during
the order process (1 month). This Agreement shall automatically
renew (subject to then current pricing and then current
Apex terms and conditions) unless terminated by either
party by giving written notice of termination (email)
at least 10 business days before the expiration of the
DISLAIMER OF WARRANTIES
THIS SITE AND THIS SERVICE(S) ARE PROVIDED
ON AN "AS IS" BASIS. USE OF THE SITE AND THE
SERVICES IS AT USER’S SOLE RISK. APEX DISCLAIMS WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED
WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE
OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE
AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES,
AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH
THE SITE AND/OR SERVICES, OR ANY ECONOMIC BENEFIT YOU
MAY GAIN FROM USE OF THE SITE AND/OR SERVICES. SOME STATES
DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
DEVELOPER WILL NOT BE LIABLE TO USER OR
ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER
BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY
DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF
DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL
APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY
PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS
IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
This Agreement shall be governed by the
laws of the state courts of NSW, Australia.
If you click on the “Agree” button on the
sign up form and/or use the services you have indicated
your acceptance of this agreement including its terms