The Global Search Engine Optimization Company with guaranteed results!

Acceptance of other provider’s terms and services

MarkTheGlobe, Inc. provides search engine optimization, internet marketing and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, YellowPabeCity, Merchant Circle, OnStar, Craig’s List, Kijiji, local online newspapers, Facebook, UTube and other sites. The terms and conditions of these providers all apply. MarkTheGlobe will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

 Advertising Material

MarkTheGlobe has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize MarkTheGlobe to develop content based on information or material provided by you or your designees and populated in the MarkTheGlobe Business Profile, including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to MarkTheGlobe is truthful, not misleading, and that you have the authority to represent this product and service information to MarkTheGlobe.

 Payment

Payment in full is required at the time of the order for most orders. Any other payment terms need to be provided form us to you in written form. Our services will be paused and late fees applied if payment has not been made by payment due date; re-initiation fees may apply.

Cancellations

Cancellations by Clients
Cancellations are subject to a original contract terms, specified during the order. Whilst the client is free to cancel at anytime, MarkTheGlobe will honour the original order, and no refunds will be given for any period which the client may perceive the service as unused for.

Cancellations by MarkTheGlobe
MarkTheGlobe may cancel any order for any reason by giving a full refund of outstanding services. This clause does not limit the rights of MarkTheGlobe ltd to cancel the agreement for any other reason expressed in these conditions.

Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided to us and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless MarkTheGlobe against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages for MarkTheGlobe resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

No Guarantees

You acknowledge and agree that MarkTheGlobe makes no specific guarantee or warranty regarding the search providers and publishers to which it submits information on your behalf, including placement of paid search advertising or any specific results. MarkTheGlobe does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. MarkTheGlobe does not warrant that the performance will be error-free but will immediately act to try to correct errors once they have been identified.

The client should acknowledge, that neither we nor any other SEO company can give any guarantees about getting a certain position for a specific keyword in any search engine. SEO processes take at least 3-6 months to show any significant effect since most search engines update their indexes and ranking with several month delay. Achieving stable high rankings can take up to 12 months and may require major investments depending on the competitiveness of a certain keyword and other factors. During the optimization process, the client site might even drop in rankings and get less traffic from search engines. It is also possible, that the number of sales and rankings will go permanently down.
We measure the success of SEO process by analyzing if the client’s website is getting more users and is more search engine friendly. Normally the end result of our SEO process will be more traffic, better rankings and more sales but no SEO company can promise this.

Disclaimers and limitations on liability

MarkTheGlobe shall not be responsible for URLs dropped or excluded by a search engine for any reason. MarkTheGlobe shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with client's receipt of the account service data. MarkTheGlobe shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
MarkTheGlobe do not represent or warrant that Customers' URLs will achieve a favourable position, or any position, within a particular search engine.
MarkTheGlobe do not warrant or represent that the use or the results of the use of the materials available through the MarkTheGlobe Services or from third parties will be correct, accurate, timely, reliable or otherwise.
You expressly agree that use of the MarkTheGlobe Services provided hereunder is at your sole risk. These Services are provided on an "as is" and "as available" basis. MarkTheGlobe expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside MarkTheGlobe' control and could result in a breach of security. Accordingly, MarkTheGlobe cannot guarantee that your account data information will be free from corruption or piracy. You hereby expressly waive any claim against MarkTheGlobe arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of MarkTheGlobe.

To the maximum extent allowed by law, MarkTheGlobe and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, MarkTheGlobe will not have any liability for any losses arising because the MarkTheGlobe Services are not operational or accessible.

The maximum aggregate liability MarkTheGlobe may have to you will be limited to the total amount of fees collected from you. MarkTheGlobe will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by MarkTheGlobe.

Applicable Law and Binding Arbitration

All agreements shall be governed and construed by the laws of the State of Delaware.

Any claims against MartkTheGlobe must be made within 6 months from the date of the subject of the claim, and must be made in writing to:

MarkTheGlobe, Inc.
2711 Centerville Road
Wilmington, DE 19808

Any controversy or claim rising out of or relating to your order, or the breach of this agreement, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the company and later apportioned by the arbitrator in accordance with the Arbitration Rules of net-ARB's Consumer Confidence Program.  The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.

Force Majeure

Neither you nor MarkTheGlobe will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

Severance

If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Assignment

MarkTheGlobe may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

Miscellaneous

This Terms and Conditions of Service represents the parties’ entire agreement with regard to MarkTheGlobe provision of services. Agreement with these terms and conditions is upon placing an order, and it will be binding upon you and your successors.

Authority

The person placing the order certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

Effective Upon Execution

Terms and Conditions are binding on both parties on the earliest date an order is placed and/or an agreement is signed and/or payment is made.