MaxAudience Terms, Conditions, Privacy, and Refund Policies
This privacy notice discloses the privacy practices for MaxAudience.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact with you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you
• Express any concern you have about our use of your data
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Whenever we collect sensitive information (such as credit card data), it is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
MaxAudience is not affiliated with Google, Microsoft or directly or indirectly connected or owned by any other company. All information presented is based solely on MaxAudience and its employees’ experiences. No advice or information, whether oral or written, obtained by you shall create any kind of express or implied warranty, general or limited warranty, warranty of merchantability, or warranty of fitness for a particular product. Neither shall any advice or information be construed as a business relationship. Any reliance on information presented by any representative of MaxAudience is made at the sole risk of the party gathering the information.
- Upon engaging MaxAudience for Advertising Services you should have verbally accepted a summary of key provisions of these Terms and Conditions. IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY MAXAUDIENCE WITHIN FIVE (5) DAYS OF YOUR ORDER BY CONTACTING MAXAUDIENCE AT SUPPORT@MAXAUDIENCE.COM AND THE ADVERTISING SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY, PROVIDED, HOWEVER, THAT YOU SHALL BE RESPONSIBLE FOR ANY AND ALL COSTS OF ALL SERVICES PROVIDED AT THE RATE OF $150.00/HOUR UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY MAXAUDIENCE OF CANCELLATION ACCORDING TO THE PROCESS DEFINED BELOW SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Advertising Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another advertiser.
- TERM, PAYMENT AND MODIFICATION:The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as agreed upon unless otherwise mutually agreed upon in writing. Following the initial contract term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 30-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period. A Notice of Intention not to Renew must be provided to MaxAudience Inc. in clear terms and in writing. Verbal Notices of Intention not to Renew will not be valid. Advertiser agrees that a Notice of Intention not to Renew DOES NOT provide for a refund of fees previously paid for services and further agrees that under no condition will a refund be issued for months preceding the notice of intention not to renew.
In the event you choose to terminate services prior to completion of the contract term, Advertiser agrees that any fees previously paid are non-refundable. Advertiser also agrees that if they are dissatisfied during the course of any renewable 30-day agreement, it is their responsibility to provide MaxAudience with a Notice of Intent not to Renew. Failure to provide MaxAudience with a proper Notice of Intent not to Renew shall be deemed as an admission of satisfaction with MaxAudience’s services previously provided.
If, during the course of the this Agreement, MaxAudience agrees to provide services outside of the original Agreement that delays the work covered by this Agreement, Advertiser agrees to pay the monthly contract price until they provide MaxAudience, Inc. a Notice of Intention not to Renew.
Advertiser agrees to pay to MaxAudience all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes, within 15 days of such charges becoming due and in accordance with the billing terms in effect at the time the fee becomes payable. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Advertiser agrees that any setup fee (or similar one-time payment depending on the Advertising Service selected by Advertiser) is nonrefundable as it is applied to costs immediately incurred by MaxAudience in initiating services.
Advertiser understands and agrees that the Advertising Services are billed one month in advance. In addition, if Advertiser has elected to pay MaxAudience by credit card, Advertiser agrees to authorize MaxAudience to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
If MaxAudience is unable to collect owed amounts from Advertiser, Advertiser shall pay to MaxAudience an insufficient funds fee equal to the greater of $25 or 6% of the total amount due, and Advertiser will be subject to a late payment charge equal to the lower of 1.5% per month accruing from the invoice date or the maximum amount allowed by applicable law. In the event collection proves necessary, the Advertiser agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.
You understand that MaxAudience may modify its standard terms and conditions and service offerings from time to time and that MaxAudience reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, advertisers in month-to-month contracts may be subject to revised terms and conditions and/or pricing. you agree to be bound by any changes MaxAudience may reasonably make to its pricing, terms and conditions when such changes are made.
For foundation purchases by agreeing to these terms the customer understands that they can receive a refund for a period of 5 days of purchase and afterwards there is no refund policy. This is because a majority of the foundation setup is done within 5 days, additionally the foundation does not guarantee any specific directories will accept or post your listing only that we will submit it. Further the foundation does not guarantee preferable search engine placement or rankings.
- FEES FOR MAXAUDIENCE ADVERTISING SERVICES:Fees shall be as set forth in the cost/budget schedule (as amended from time to time also in the form of a cost/budget schedule).
- METHOD OF PAYMENT:Advertiser must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with MaxAudience that MaxAudience can bill for all contracted Advertising Services.
- SERVICES PROVIDED:MaxAudience, Inc. will provide the advertising services agreed upon in the proposal agreement email or as listed on the MaxAudience.com website.Advertising Services are the process by which MaxAudience will market your site through various online methods, websites, etc. (the “Advertising Services”.) Though MaxAudience cannot guarantee specific results, we proactively seek to provide high quality online marketing services that maximize our clients’ return on advertising spending. MaxAudience does not employ tactics deemed to be unacceptable by major search engines. Clients should understand that clicks to your site, including clicks on the search engines, shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that MaxAudience maps to your advertising campaigns. However, misspellings are becoming less common with new auto complete search engine technology. All keyword campaigns will include key terms, titles, descriptions selected specifically with the intent to optimize return on advertising spend.Unless you have engaged MaxAudience to provide a small-scale website for you, you are responsible for the quality and accuracy of your website and its landing page(s), or redirect websites that link to your advertisements. All guarantees are that we will deliver or work for free until we do and that there must be ongoing service to continue the guarantee. If an Advertiser Notifies MaxAudience of their Intent not to Renew, any and all guarantees shall be null and void.
- ACCESS:You are authorized to access MaxAudience-owned, operated or hosted websites that require log in or account information solely to manage your advertising account(s). You agree that you will not use the site or any content therein for any other purpose and that you will not disseminate or distribute any of this information. Your right to access your account with MaxAudience is personal to you and non-assignable and is subject to any limits established by MaxAudience. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with MaxAudience or to monitor or copy MaxAudience’s website or the content contained therein, except those automated means expressly made available by MaxAudience.
- LATENCY:Advertiser understands that, any information or data provided by Advertiser to MaxAudience may not be processed on a real-time basis and may be subject to the latency of the Internet, the MaxAudience systems and network of third-party partners and search engines.
- OWNERSHIP OF NON-ADVERTISER PROPERTY:Title and full ownership rights in and to the Advertising Services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to MaxAudience’s operation of the MaxAudience network and website(s) (collectively, the “MaxAudience Materials”), shall remain at all times solely with MaxAudience and/or with the respective outsourced service provider or author. Advertiser acknowledges that it has not acquired any ownership interest in the MaxAudience Materials and will not acquire any ownership interest in the MaxAudience Materials by reason of this Agreement.
- YOUR SITE:You hereby acknowledge that MaxAudience is not responsible for the maintenance of your website(s) nor is MaxAudience responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any MaxAudience owned or licensed content, including but not limited to, any MaxAudience search listings, except pursuant to a separate signed affiliate agreement with MaxAudience.
- HEADINGS; GENDER; NUMBER; REFERENCES:The headings of the Sections hereof are solely for convenience of reference and are not part of this Agreement. As used herein, each gender includes each other gender, the singular includes the plural and vice versa, as the context may require. All references to Sections and subsections are intended to refer to Sections and subsections of this Agreement, except as otherwise indicated.
- SEVERABILITY:If any provision of this Agreement, or the application of such provision to any Person or circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to Persons or circumstances other than those to which it is held to be invalid or unenforceable, shall not be affected thereby.
- ENTIRE AGREEMENT:This Agreement contains the entire agreement of the parties and supersedes all prior or contemporaneous written or oral negotiations, correspondence, understandings and agreements between or among the parties, regarding the subject matter hereof.
- GOVERNING LAW AND VENUE:This Agreement shall be governed by the laws of the State of California. Any and all disagreements regarding any term of this Agreement shall be adjudicated in the State of California, San Diego County, North District Superior Court.
- COUNTERPARTS:This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.