Updated: October 31, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
Thank you for accessing our website located at blazingseollc.com (the “Website”) and using our products and services (together, the “Services”). The Services are provided by Blazing SEO, LLC and its affiliates (“Blazing SEO,” “us,” or “we”).
Description of Services. Blazing SEO provides users with access to a collection of resources, including various communication tools and proxy access through any various medium or device now known or hereafter developed, including but not limited to the World Wide Web, and/or other Internet or telecommunications services or protocols. You also understand and agree that the Service may include certain communications from Blazing SEO, such as service announcements, administrative messages, and that these communications are considered part of Blazing SEO membership and you will not be able to opt out of receiving them.
II. THE SERVICES
Registration and Account. In order to utilize the Services, you may be required to register and create an account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username and password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
License. In order to use some of the Services' features, you may require the use of certain intellectual property developed by Blazing SEO, potentially including but not limited to software, computer code, certain business methods and practices, and other types of intellectual property (cumulatively, the “Blazing SEO IP”). Subject to, and in accordance with, these Terms, Blazing SEO grants to you, and you accept from Blazing SEO, a limited, revocable, non-exclusive, and non-transferable license to use the Blazing SEO IP and the Services. Blazing SEO reserves all rights not expressly granted to you hereunder. This license is automatically revoked if you violate any of these Terms or if your use of the Blazing SEO IP and the Services is not in accordance with the Blazing SEO Acceptable Use Policy. The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in utilization of the Services.
Prohibitions. You must not do, or permit others to do, any of the following: (a) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects or files distributed with the Services; (b) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Services; (c) rent, lease, distribute (or redistribute), provide or otherwise make available the Services, in any form, to any third party (including in any service bureau or similar environment); (d) use the Services to process the data of third parties; or (e) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, you will not violate or attempt to violate the security of Blazing SEO’s networks or servers, including (x) access data not intended for you or log into a server or account which you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
Payment. Your access to the services is conditioned upon your payment to Blazing SEO of all applicable fees for your subscription. If you fail to make any of the required payments to Blazing SEO, your access to the Services will be automatically revoked with no notice to you. You agree to pay the applicable fees for the Service and to reimburse Blazing SEO for all collection costs and interest at the maximum rate allowable by law. Unless otherwise stated, all fees are stated in U.S. Dollars. Prices are subject to change.
Maintenance or Support. Blazing SEO is not under any obligation to provide maintenance or support for the Services. Blazing SEO may provide maintenance or support for the Services in Blazing SEO's sole discretion.
Age. You must be 18 years or older to use the Services.
Refusal of Service. Blazing SEO reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other Website users, misuse the Website or its Services, or otherwise engage in inappropriate conduct, as determined by Blazing SEO in its sole discretion.
Refund Policy. Blazing SEO does not guarantee refunds for lack of usage or dissatisfaction with the Services.
Blazing SEO reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms.
You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
The Services are owned by Blazing SEO, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. BLAZING SEO and all related names, logos, product and service names, designs and slogans are trademarks of Blazing SEO or its affiliates or licensors. You may not use such marks without Blazing SEO’s prior written permission. All other names, logos, product and service names, designs and slogans included in the Services are the trademarks of their respective owners.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
Blazing SEO respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Blazing SEO's designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Blazing SEO's designated agent as follows:
Kevin P. Tracy
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, fulfill orders, or provide other services. The use of such third-party services are subject to the third-party's terms of service. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Blazing SEO disclaims all warranties or representations regarding any third-party services. Blazing SEO, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimers. Blazing SEO does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes them available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Further, Blazing SEO expressly disclaims any representation or warranty relating to any products, services, or companies displayed, described, advertised, sold, reviewed, recommended, linked to, or pictured on the Services. Blazing SEO does not necessarily endorse any such products, services, or companies and does not warrant that any such products, services, or companies are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Likewise, Blazing SEO does not guarantee that any product, service, or company descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Blazing SEO be responsible for any loss or damage resulting from any person's reliance on any such product, service, or company descriptions, reviews, or specifications contained on the Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, BLAZING SEO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability. BLAZING SEO WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, 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 BLAZING SEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, BLAZING SEO'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE BLAZING SEO PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Your Representations. You represent and warrant that your use of the Services complies with the Acceptable Use Policy, and that you will use the Services in accordance with that Policy.
Indemnification. You agree to indemnify, hold harmless, and defend Blazing SEO, its directors, members, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your use of the Services or any products sold through the Services, or (iii) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XII. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of Nebraska, subject to the laws of the State of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
Both parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration, each party hereby waives any right to a jury trial. Both parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
XIII. HOSTING LIMITATIONS.
Any user who uses more than 10 TB/mo. of bandwidth on their servers purchased from Blazing SEO agrees that they will be charged an additional $30 per 10 TB, or risk their account being terminated. We do not tolerate bandwidth abusers.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, without regard to the principles of conflicts of law.
Contact Information. All communications relating to the Services should be directed to: firstname.lastname@example.org