TERMS AND CONDITIONS

1. INSERTION ORDER / PURCHASE AGREEMENT. 49 SEO Services (hereinafter called 49SEO) agrees to license the Information (hereinafter called “Leads”) to Customer subject to the terms and conditions hereinafter set forth upon acceptance of this Insertion Order / License Agreement in writing by an authorized officer of 49SEO.

 2. ACCEPTANCE OF TERMS AND CONDITIONS. Important! Please read carefully. This is a contract. By using this INSERTION ORDER you accept all terms and conditions of this agreement. Your use of this inserTion order Constitutes your UNDERSTANDING AND agreement to abide by each of the terms and conditions set forth below. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this Insertion Order or related services. These Terms and Conditions constitute the full understanding between you and us. You agree that any claim arising from or related to the Service must be filed within twelve (12) months of this executed Insertion Order, regardless of any statute or law to the contrary.

 3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use, you warrant to 49 SEO Services that you will not use the information provided herein for a purpose that is unlawful or prohibited by these terms, conditions, and notices. Additionally, customer understands and agrees not to re-distribute or sell any leads, phone numbers, or data purchased from 49 SEO Services.

4. CANCELLATIONS. Customer understands and agrees that account cancellations must be made in writing and will be effective when the account balance has been fully depleted. Additionally, customer understands and agrees that existing purchase orders on file will remain in effect until the leads have been exhausted; and that no credits will be granted for prior billings.

 5. PAYMENT. Customer represents, guarantees and warrants they are the legal card holder for this credit card and/or authorized signatory on this bank account, and they are legally authorized to enter into this billing agreement with 49 SEO Services. Customer understands and agrees in the event their lead account balance is unpaid for 30 days they will be responsible for all legal fees incurred to by 49 SEO Services to collect that balance. Customer understands and agrees that Payment is due upon Customer’s submission of Insertion Order. Customer agrees to pay any taxes and other duties, tariffs, taxes or fees imposed by any taxing, licensing or any other authority upon the sale, purchase, ownership, delivery, possession, use, of the information or related services. Until such time as Customer renders payment in full and such funds are collected and credited to 49SEO’ account, 49SEO and its representatives have no obligation or liability hereunder. Customer agrees not to make any deduction from, nor shall it assert any right of set-off against any payments related to this Agreement. All charges and payments received and due hereunder are non-refundable.

 6. LIMITATION OF LIABILITY. 49SEO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 7. INDEMNIFICATION. You agree to indemnify and hold harmless 49 SEO Services (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, due to or arising in any way from the use or misuse by you of the information provided by 49SEO your violation of these Terms and Conditions, your violation of any law, or infringement by you of any right of any person or entity.

 8. DISCLAIMER. The Information / Leads are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.. To the fullest extent permitted by law, we make no representations of warranties of any kind, express or implied, regarding the use of the Leads. We disclaim all warranties regarding the accuracy or reliability of the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THAT THE INFORMATION WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, WE MAKE NO WARRANTY THAT THE LEADS WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE LEADS, YOUR SOLE REMEDY IS TO DISCONTINUE THEIR USE.
 YOUR USE OF THE INFORMATION IS AT YOUR OWN RISK. IN NO EVENT SHALL 49SEO, ITS PARENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, AND AFFILIATES be liable for any LOSS OR INJURY OR ANY damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of this Information OR ANY 49SEO INFORMATION, in each case regardless of whether such damages are based on contract, tort, strict liability, or those other theories of liability. Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST 49SEO, ITS PARENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF YOUR USE OF THE INFORMATION OR ANY OTHER 49SEO INFORMATION.

 9. GOVERNING LAW, SEVERABILITY OF PROVISIONS. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Captions provided herein are for convenience only and shall not be used in interpretations of the respective sections. In the event that any portion or clause of any provision of this Agreement which is deemed prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or thereof or affecting the validity or enforceability of such provision in any other jurisdiction.

 10. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of 49SEO and Customer, and their respective successors and assigns, except that Customer shall not have the right to assign its rights or delegate its duties and/or obligations hereunder, or any interest herein without the prior express written consent of 49SEO. Customer agrees that any attempt to do so is void.

 11. NOTICES. All notices to be given pursuant to the terms and conditions of this Agreement shall be given in writing via mail to the parties at their respective addresses as set forth in the Agreement or to such other addresses as either party may advise the other of in writing. If you have any questions about this Insertion Order you may contact us at: 49 SEO Services 5842 Mott Street San Diego, CA 92122.

 12. MISCELLANEOUS.
 (a) Any modifications or amendments to this Agreement must be approved in writing by the Board of Directors of 49SEO.
 (b) 49SEO’ obligation to provide the products and/or services as specified in the Agreement is subject to the provisions of paragraph 5.
 (c) 49SEO shall have no obligation to provide Customer with any product, services, credits and/or rebates, which are not expressly set forth herein.
 (d) All charges and payments received and due hereunder are non-refundable.
 (e) Customer understands and agrees that 49SEO at its sole discretion may elect to terminate this Agreement with the Customer by providing 7 (seven) day written notice of termination to the Customer. Customer understands and agrees that in the event 49SEO terminates this Agreement with Customer in accordance with the provisions set forth above, that both parties will treat the Agreement as terminated and neither party shall have any further rights under this Agreement and both 49SEO and Customer agree to mutual non-disclosure of any relationship between 49SEO and Customer.
 (f) ARBITRATION. READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHT TO A JURY TRIAL. Any and all disputes, claims or controversies by any interested party hereto, arising out of or in connection with this Agreement amendment thereto or breach thereof, no matter how described, pleaded or styled, including claims arising in tort and/or in contract, shall be decided exclusively and finally by binding arbitration. The arbitration shall be conducted in Palm Beach County, Florida and shall be governed and interpreted in accordance with Florida law. The arbitration shall be conducted before the American Arbitration Association (the “AAA”), pursuant to the AAA Commercial Arbitration Rules. The arbitration shall be conducted by one neutral arbitrator appointed by the AAA. Either party shall have the right to apply to any court of competent jurisdiction for provisional relief of any kind, provided however that the final decision on the merits of any controversies or disputes between the parties shall be decided by the arbitrator. Each party shall bear its own costs and expenses of representation; however, the cost of initiating, administration, and arbitrator’s compensation shall be paid by Customer (Claimant). Judgment on the arbitration award may be entered by any court of competent jurisdiction. The parties hereto mutually acknowledge and agree that this arbitration shall be solely between the parties to this agreement and that no class arbitration or other representative action wherein a party acts as a class representative or in the role of a States’ Attorney shall be undertaken by the arbitrator. The parties further agree that a breach of confidentiality with regard to their relationship and dispute(s) would cause great harm and injury to the parties. Therefore, except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
 (g) Customer agrees that all damages, costs and expenses including reasonable attorney’s fees incurred by 49SEO and/or its representatives arising in any manner associated with this Agreement or any claim brought by Customer or 49SEO shall be paid by Customer. No action, whatsoever its form, which arises out of this Agreement may be brought by either party more than one year after Customers’ submission of Insertion Order / Purchase Agreement.
 (h) Customer acknowledges that Customer has read this Agreement, and by executing this Agreement with their signature, understands it and agrees to be bound by its terms and conditions. Customer further agrees that it is the complete and exclusive statement of the Agreement by and between Customer and 49SEO, and supersedes any representations, agreements, or proposals for this Agreement, oral or written, and any other communications relating to the subject matter of this Agreement, and Customer has not been wrongfully or tortuously induced to enter into this Agreement.