Terms: Sparklift Internet Marketing

REVISED: July 29, 2008

Thank you for considering Sparklift Internet Marketing -- a division of Sparklift Communications Inc. -- as your internet marketing and search engine optimization provider. Prior to engaging these services, all clients must read and accept the Terms of Use. 

Use these links to skip to the following information:
•    Acceptance of Terms
•    Requests for Services vs. Contracted Services
•    Service Guarantee
•    Cancellation of Contracts
•    Website Provided As Is
•    Use of Materials Limitations
•    Privacy Policy
•    No Unlawful or Prohibited Use
•    Materials Provided to Sparklift and Website Postings
•    Unsolicited Idea Submission Policy
•    Spam E-mail and Postings
•    Indemnity
•    Advertisements and Promotions
•    Special License Restrictions for Non-Human Visitors
•    Disclaimers and Other Notices
•    Choice of Law and Venue
•    Miscellaneous

Acceptance of Terms

By accessing this website and/or requesting the provision of services from Sparklift Internet Marketing including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for a quote and/ or services or products, you (“the Client”) agree to and are bound by the terms of use described in this document ("Terms of Use").

The Terms of Use are entered into by and between Sparklift Internet Marketing and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

Sparklift Internet Marketing reserves the right, at Sparklift Internet Marketing's sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

Requests for Services vs. Contracted Services

You acknowledge that requested services do not constitute contracted services until such time as Sparklift Internet Marketing receives a deposit on the agreed package amount and that said deposit has cleared thru the exchange process.

Service Guarantee

If your search engine rank and/or the conversion rate on your website (depending on which package you purchase) does not reach your agreed goal level by the end of your guaranteed period, you get your money back.

This guarantee is subject to the following conditions:

•    The Client agrees to implement and leave intact and unedited the text, content, formatting, and information flow suggestions of Sparklift Internet Marketing for the entire period to which the guarantee applies.
•    The Client is capable of measuring website conversion performance accurately month over month and provide proof that the guaranteed conversion rate increase has not occurred.
•    The Client does not attempt to artificially increase traffic to lower conversion.
•    The geographical origin of the Client’s website traffic remains stable during the guaranteed period or the Client is able and willing to discount new traffic from unqualified geographical areas such as Eastern Europe/Asia/Latin America and etc. from which only a negligible percentage of visitors are capable of purchasing.

Cancellation of Contracts

Either party may, at its discretion, cancel any contracted project for any reason under the following conditions. If Sparklift cancels the project, all funds will be returned to the Client, including deposit.

If the Client cancels a project for any reason other than that the Service Guarantees were not met, no additional funds will be deemed owing; however, any deposit and subsequent payments made for milestones reached will be deemed non-refundable as the services will already have been provided. Plus, the Client waives their right to the terms of the Service Guarantee.

Website Provided As Is

The Sparklift Internet Marketing website is provided as is and its functions or lack of, the possibility of errors, any downtime, or other issues of any kind does not constitute breach of contract for services or products, all of which are provided separate from and independent of the website.

Use of Materials Limitations

All materials contained in the website are the property of Sparklift Internet Marketing, its subsidiaries, affiliated companies and/or third-party licensors. Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from Sparklift Internet Marketing.

Privacy Policy

Sparklift Internet Marketing respects your desire for privacy. Your information is highly protected and is stored in a secure and controlled environment. Your information may be stored and processed in Canada or any other country in which Sparklift Internet Marketing or Sparklift Internet Marketing's representatives and affiliates maintain facilities.

By using this site, you consent to any such transfer of information outside of your country and you consent to the terms of our Privacy Policy. Sparklift Internet Marketing's Privacy Policy can be found at: http://www.sparkliftinternetmarketing.com/privacy_policy.html

No Unlawful or Prohibited Use

As a condition of your use of the website and of Sparklift Services and/or Products, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Likewise, you may not use the Services or Products in any manner that could damage, disable, overburden, or impair any Sparklift Internet Marketing server, or the network(s) connected to any Sparklift Internet Marketing server, or interfere with any other party's use and enjoyment of the website, services or products.

You may not attempt to gain unauthorized access to services, products, materials, other accounts, computer systems or networks connected to any Sparklift Internet Marketing server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Materials Provided to Sparklift and Website Postings

Unless otherwise specified, Sparklift Internet Marketing does not claim ownership of the materials you provide to Sparklift Internet Marketing including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like.

Unsolicited Idea Submission Policy

Sparklift Internet Marketing OR ANY OF ITS SUBCONTRACTORS DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.

THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Sparklift Internet Marketing's PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Sparklift Internet Marketing. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Sparklift Internet Marketing OR ANYONE AT Sparklift Internet Marketing.

IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Sparklift Internet Marketing MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Spam E-mail and Postings

You agree that Sparklift Internet Marketing would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Sparklift Internet Marketing is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Sparklift Internet Marketing reserves the right to block, filter or delete unsolicited e-mail.

Indemnity

You agree to indemnify, defend and hold Sparklift Internet Marketing, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

Advertisements and Promotions

Sparklift Internet Marketing may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by Sparklift Internet Marketing is subject to change.

Your correspondence or business dealings with, or participation in promotions of, advertisers other than Sparklift Internet Marketing found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

Sparklift Internet Marketing is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Sparklift Internet Marketing advertisers on the website.

Special License Restrictions for Non-Human Visitors

Special restrictions on a visitor's license to access the Web site apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Web site automatically.

Any Non-Human Visitors to the Web site shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Web site.

Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You further agree that the compilation, storage, and/or distribution of these addresses for purposes other than doing business with Sparklift Internet Marketing or its partners or associates is prohibited; intentional collection, harvesting, gathering, and/or storing this Web site's email addresses for such other purposes is recognized as a violation of this agreement and expressly prohibited.

Disclaimers and Other Notices on the User of the Website

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND Sparklift Internet Marketing HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, Sparklift Internet Marketing DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

IN NO EVENT SHALL Sparklift Internet Marketing AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

Sparklift Internet Marketing ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
Sparklift Internet Marketing MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO Sparklift Internet Marketing PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT Sparklift Internet Marketing INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

Choice of Law and Venue

This TOU shall be governed by and construed in accordance with the laws of the Province of British Columbia, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOU shall be in Victoria, BC and you agree to submit to the jurisdiction of the courts in Victoria, BC for such litigation.

Miscellaneous

In the event that one or more portions of this TOU shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this TOU.

Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

This TOU and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire integrated agreement between Sparklift Internet Marketing and you pertaining to the subject matter hereof.

In its sole discretion, Sparklift Internet Marketing may amend or modify this TOU or any other documents referenced herein at any time by posting such modifications on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site shall constitute your acceptance of any modified terms and conditions.

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