Terms and Conditions
The OMC Group LLC.(OMC), will provide you with Social Media Advertising Design (“SMAD”) , Social Media Marketing Campaign Management (“SMMCM”), Search Engine Advertising Design (“SEAD”), Search Engine Marketing Campaign Management (“SEMCM”), Web Design and Hosting Services (“WDHS”), or Search Engine Website Submittal (“SES”) services (collectively, “Services” or generically, “Service”). Your use of such Services shall be deemed to be your acceptance and acknowledgment to abide by this Agreement, including any materials available on the theomcgroup.com website, including but not limited to The OMC Group LLC’s privacy and security policies.
a. Social Media Advertising Design (“SMAD”) or Search Engine Advertising Design (“SEAD”) Services. If you have purchased SMAD or SEAD Services, The OMC Group LLC. (“OMC”), will design multiple ad variations, based on your initial services selection, for your review and approval. You warrant all images or other media submitted by you, for use in such advertising, is yours to use, and does not violate any applicable copyright, trademark, or other protections, and OMC reserves the right to reject any such images or media submitted.
b. Social Media Marketing Campaign Management (“SMMCM”) or Google/Bing Search Engine Marketing Campaign Management (“SEMCM”) Services. OMC will create and/or administer all necessary advertising related accounts on your behalf, and will position your designated advertising, either created by OMC or submitted by client, on the Social Media Platform(s) or among the “Sponsored Results” on the Search Engine(s) and/or Search Engine Network(s), you selected, within 10 business days of your approval or submittal of advertising, contingent upon your designated advertising passing the Quality Standards Review(s) imposed by the selected Social Media Platform(s) such as Facebook or LinkedIn, or Search Engine(s) such as Google and/or Bing/Yahoo. Those reviews consider, but are not limited to: Relevancy; Popularity; Keywords; Content; Local Relevance; Format and Layout. Certain types of advertising may require administrative level privileges on an existing account, and you agree to provide administrative level account access to OMC as needed and requested, said access enduring until services are terminated. For the purposes of this agreement, when selecting service on Google, Search Engine Marketing Campaign Management (“SEMCM”) is defined as the Exact Match targeted to google.com only unless amended in writing. Search Engine Marketing Campaign selections involve keyword searches, and such searches are subject to availability and The OMC Group LLC approval. Further, you understand that the availability of search terms and placement are affected by market conditions and as a result may change from time to time. In the event the costs incurred by The OMC Group LLC. to maintain your current position increases substantially, The OMC Group LLC. shall offer you the option of: continuing placement at the increased Fees or choosing another position for which the Fees are substantially the same as the Fees you are paying at the time of increase. In the event Fees for maintaining your current position substantially decrease, The OMC Group LLC. will offer you the option of choosing another keyword search for which the Service Fees seem to offer better value at substantially the same Fees you are paying. Changes in Service Fees shall appear during the billing cycle immediately following the cycle in which the Fees change. In the event that neither a change in keyword search nor a change in monthly fees is a mutually acceptable option The OMC Group LLC., reserves the right to terminate service at its’ sole discretion. If The OMC Group LLC. terminates service within a billing cycle you will be refunded the balance remaining for that cycle. You understand and agree that the Quality Standards Review(s) and alliances between independent social media sites, search engines, and the Yahoo! Search Network, Bing, and Google search engines are not under The OMC Group LLC control.
c. Web Design and Hosting Services (“WDHS”). If you have purchased WDHS Services, you will be provided with a selection of website templates and tools from which to choose a semi-custom website for your company, which The OMC Group LLC. will host for an additional monthly fee. You are allowed 2 “minor page changes” per month. “Minor” changes are defined as image or verbiage changes. Changes involving significant style or structural changes, functions, or capabilities, will be billed to your account at the rate of $65.00/hr. As long as Service(s) are provided by OMC, you agree to display the logo, banner, or other branding of OMC and/or OMC partners or affiliates, including related linkage to theomcgroup.com and/or partner or affiliate website(s), at the sole discretion and direction of OMC.
2. Privacy & Security; Disclosure. You may view The OMC Group LLC privacy and security policies (collectively, “Policies”) at www.theomcgroup.com/privacy. The OMC Group LLC. reserves the right to modify the Policies in its reasonable discretion from time to time. You are responsible for knowing the current Policies, and your continued use of the Services indicates your agreement to the Policies as they may be modified or revised. The OMC Group LLC, LLC. occasionally may need to notify all Services users of important announcements regarding Service operation. You agree that The OMC Group LLC. may disclose the fact that you are a user and the Service you are using.
3. Service Fees.
a. Set-up Fees. You agree to pay a nonrefundable account set-up fee for each Service you purchase.
b. Monthly Fees. You agree to pay the Monthly Service Fee each month on the same date you opened your account. The Monthly Service Fee is due in advance of the delivery of Services. For example, if you opened your account on March 15, your Monthly Service Fee will be due on the 15th of each month thereafter until your account is terminated; the Monthly Service Fee for Services delivered from April 15 to May 14 would be due on April 15. Your monthly fees are not refundable if your account is terminated, regardless of the reason.
4. License Grant & Restrictions. In exchange for your access to and use of the Service and the fees you pay for such access and use, The OMC Group LLC. hereby grants you a nonexclusive, nontransferable, limited right to access and use the Service, subject to the terms and conditions of this Agreement. Your license shall be solely for your internal business. You confirm that all persons accessing the Service under your password or on your behalf have your authority to do so, and you assume total and complete responsibility for their compliance with this Agreement. The OMC Group LLC. reserves all rights not expressly granted to you.
You shall not (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the The OMC Group LLC., website, except as authorized in writing by The OMC Group LLC., or to “frame” or “mirror” any material or content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual but may be reassigned from time to time when new Users replace former Users who have terminated employment or the business relationship or otherwise changed the job status or function and no longer use the Service.
The OMC Group LLC. reserves the right to audit you, at The OMC Group LLC expense, to ensure compliance. However, in the event the audit in The OMC Group LLC reasonable determination indicates noncompliance, you agree to bear all reasonable costs associated with the audit, including The OMC Group LLC time, billed at The OMC Group LLC then-current consulting rates.
You shall not: (i) send SPAM or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortuous material, including material harmful to children or that violates third-party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs; (iv) interfere with or disrupt the Service’s integrity or performance or that of the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related system or network. Violation of your security obligations and/or the breach of any system or network security may result in civil or criminal liability. The OMC Group LLC. may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
5. User Content. One or more of the Services may include the means by which you can transmit, add or upload data,material, information or other content or materials (“User Content”). You agree not to use the Service for: (a) any activity that is unlawful (whether criminal or tortuous) under the laws of any jurisdiction to which you or The OMC Group, LLC. is subject; (b) any activity that promotes others to act unlawfully; (c) any activity that constitutes competition with the Service; (d) uploading, submitting or otherwise making available material that infringes another’s copyright, trademark or other intellectual property rights; or (e) uploading, submitting or otherwise making available threatening, defamatory or obscene comments, proprietary, confidential or insider information, obscene or pornographic material, or falsified and/or misleading information (“Objectionable Content”).
The OMC Group LLC. has no obligation to monitor User Content. However, The OMC Group LLC. has the right to perform such monitoring, and the right (but not the obligation) to reject, withhold, remove and/or discard User Content without notice for any breach, including without limitation, your nonpayment. Upon termination, your right to access or use User Content immediately ceases, and The OMC Group LLC. shall have no obligation to maintain or forward any User Content.
The OMC Group LLC. does not own any User Content. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all User Content. The OMC Group LLC. shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content.
6. Your Responsibilities. You agree that you will use the Service only for lawful purposes within the stated context of The OMC Group LLC intended and acceptable use of the Service, which shall be interpreted solely by The OMC Group LLC.. You agree that you are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) immediately notify The OMC Group LLC. of any unauthorized use of any password or account or any other known or suspected security breach; (ii) immediately report to The OMC Group LLC. and use reasonable efforts to stop immediately any copying or distribution of Content that you know or suspect; and (iii) not impersonate another User or provide false identity information in order to gain access to or use the Service.
7. The OMC Group LLC. Responsibilities. (i) The OMC Group LLC. has up to and including 10 business days from the date you sign up for Services to produce the Services ordered. (ii) The OMC Group LLC, LLC. has up to and including 15 business days from the date you sign up for SST Services to produce the Services ordered.
8. Intellectual Property Ownership. The OMC Group LLC. (and its licensor’s, where applicable) solely owns all rights, title and interest, including all related intellectual property rights, in and to the Services and related The OMC Group LLC provided Content (“Service Content”), and any suggestions, ideas, enhancements, requests, feedback, recommendations or other comments or information relating to the Service provided by you or any other party. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Service Content or intellectual property owned by The OMC Group LLC.
9. No Endorsement of Linked Sites. The OMC Group LLC. does not endorse any websites linked through the Services or its website, and provides these links only for convenience. In no event shall The OMC Group LLC. be responsible for any content, products or other materials on or available from such linked sites.
10. Term & Termination of Agreement.
a. Month-to-Month Agreement. This is a month-to-month agreement, which shall automatically renew unless terminated.
i. By Notice. You may cancel your account at any time by providing an email to [email protected] You will receive a follow-up phone call for verbal confirmation to complete your cancellation. Notice must be received by theomcgroup.com at least 3 business days prior to your monthly bill date.
ii. For Cause. The OMC Group LLC., in its sole discretion, may disable your password and/or terminate your account or use of the Services at any time and without notice if The OMC Group LLC. in good faith believes you have breached this Agreement. You acknowledge and agree that The OMC Group LLC. has no obligation to retain the Customer Content and may delete such Customer Content if The OMC Group LLC terminates your account for breach and such breach is not cured within 30 days of such breach.
c. Cancellation Policy.
i. Your payment will be billed on the same day of each month moving forward (original billing date) for Services on the Google, Yahoo, Bing, Facebook, Website Hosting, or any other agreed upon service. All SEM/SEO/Social Media services are provided on a monthly basis (unless super seeded by a signed contract), and will recur on a month to month basis. If you choose to cancel with The OMC Group LLC you must do so via email (to [email protected]) 3 business days prior to your above referenced billing date. All sales are final. Thank you for your business and please do not hesitate to call directly at (844) 581-4826 or email [email protected] any questions regarding your account.
11. Representations and Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The OMC Group LLC. represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Services will perform substantially in accordance with The OMC Group LLC claims. You represent and warrant that you have not falsely identified yourself nor provided any false information in order to gain access to the Services. You represent and warrant that your access to the Services shall not violate any contract, statute, rule, regulation or other obligation under which you are bound. You represent and warrant that you shall not access the Services to conduct or solicit the performance of any business or activity that is tortuous or prohibited by law.
12. No Guarantee of Results. The OMC Group LLC. makes no representations or guarantees regarding effectiveness or timeliness of the Services in meeting your business objectives.
13. Mandatory Indemnification. You shall indemnify and hold The OMC Group LLC., its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that access to the Service was unauthorized and such unauthorized access has caused harm to you or a third party; (ii) a claim alleging that use of the Customer Content infringes the rights of, or has caused harm to, a third party; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iv) a claim arising from the breach by you of this Agreement, provided in any such case that The OMC Group LLC. (a) promptly gives you written notice of the claim; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release The OMC Group LLC. of all liability and such settlement does not affect The OMC Group LLC business or Services); (c) provide to you all available information and assistance; and (d) has not compromised or settled such claim.
The OMC Group LLC. shall indemnify and hold you and your parent organization, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Services directly infringe on a copyright, a US patent issued as of the effective date of this Agreement, or a third party’s trademark; (ii) a claim, which if true, would constitute a violation by The OMC Group LLC. of its representations or warranties; or (iii) a claim arising from The OMC Group LLC breach of this Agreement; provided that you (a) promptly give The OMC Group LLC. written notice of the claim; (b) give The OMC Group LLC. sole control of the claims defense and settlement (provided that The OMC Group LLC. may not settle or defend any claim unless it unconditionally releases you of all liability; (c) provide to The OMC Group LLC. all available information and assistance; and (d) have not compromised or settled such claim. The OMC Group LLC. shall have no indemnification obligation and you shall indemnify The OMC Group LLC. pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Services with any of your products, services, hardware or business process(es).
14. Disclaimer of Warranties. The OMC Group LLC. and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any Service Content. The OMC Group LLC. and its licensors do not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations, (e) errors or defects will be corrected, or (f) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services and all Service Content is provided to you strictly on an “as is” basis, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by The OMC Group LLC and its licensors, employees, partners, affiliates, or other business partners.
15. Internet Delays. Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. The OMC Group LLC. is not responsible for any delays, delivery failures or other damage resulting from such problems.
16. Downtime. You hereby acknowledge and agree that the Services may be inaccessible for a period or periods of time for purposes of maintenance, installation, update implementation, replacements, back-up or modification. The OMC Group LLC. hereby disclaims, and you hereby waive, any and all responsibility of The OMC Group LLC. resulting from The OMC Group LLC inability or failure to provide the Services during such downtime.
17. Limitation of Damages. The OMC Group LLC. shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages, regardless of the form of action, whether in contract or in tort, including negligence, and regardless of whether such damages are reasonably foreseeable. Notwithstanding any provision to the contrary, the liability of The OMC Group LLC. for any reason and for any cause of action whatsoever in connection with this Agreement, the Services, the Service Content or the services provided by The OMC Group LLC. shall not exceed the total amount of money paid by you to The OMC Group LLC. within the 12 months preceding the date on which such claimed damage or injury arose. This paragraph shall survive termination and cancellation of this Agreement.
18. Local Laws and Export Control. The Services may provide and use software and technology that may be subject to United States export controls administered by the US Department of Commerce, the US Department of Treasury Office of Foreign Assets Control and other US agencies. You acknowledge and agree that the site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported.
19. Notice. The OMC Group LLC. may give notice by means of a general notice on the Services, via electronic mail to your email address on record in The OMC Group LLC account information or by written communication sent by first class mail or prepaid post to your address on record with The OMC Group LLC.. Such notice shall be deemed given upon the expiration of 24 hours if sent by email or 3 days after mailing or posting (if sent by first class mail or prepaid post). You may give notice to The OMC Group LLC. at any time by email to: [email protected] Your notice will be deemed given when received by The OMC Group LLC.
20. Amendments and Modifications. The OMC Group LLC. reserves the right to modify the terms and conditions of this Agreement or its policies related to the Services at any time, effective upon posting of an updated version of this Agreement on the The OMC Group LLC. website or upon delivery of a copy of the updated version by email or post. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such amendments or modifications shall constitute your consent to such amendments or modifications.
21. Assignment. You may not assign this Agreement. The OMC Group LLC. may assign this Agreement without your consent to (i) a parent or subsidiary; (ii) an acquirer or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
22. General. This Agreement shall be governed by Oregon law and controlling US federal law, without regard to choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or in the Service shall be subject to exclusive jurisdiction of the state and federal courts located in Portland, Oregon. No text or information set forth on any other purchase order, preprinted form or document (other than a The OMC Group LLC. order form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment or agency relationship exists between you and The OMC Group LLC. as a result of this Agreement or use of the Services. The failure of The OMC Group LLC. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The OMC Group LLC. in writing. This Agreement, together with any applicable order form, comprises the entire agreement between you and The OMC Group LLC. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
The OMC Group LLC
388 Market Street, Suite 1300
San Francisco, CA 94111
Phone: (844) 581-4826
Last modified: March 31, 2014 (view archived versions)
There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a Google Account, we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
What information we collect and why we collect it. How we use that information.
The choices we offer, including how to access and update information.
We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Google so whether you are new to Google or a long time user, please do take the time to get to know our practices – and if you have any questions consult this page.
Information we collect
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful or the people who matter most to you online.
We collect information in two ways:
Information you give us. For example, many of our services require you to sign up for a Google Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible Google Profile, which may include your name and photo.
Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
We may collect devicespecific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Google may associate your device identifiersor phone number with your Google Account.
When you use our services or view content provided by Google, we may automatically collect and store certain information in server logs. This may include:
details of how you used our service, such as your search queries.
telephony log information like your phone number, callingparty number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
Internet protocol address.
device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
cookies that may uniquely identify your browser or your Google Account.
When you use a locationenabled Google service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby WiFi access points and cell towers.
Unique application numbers
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Google when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
How we use information we collect
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Google and our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads.
We may use the name you provide for your Google Profile across all of the services we offer that require a Google Account. In addition, we may replace past names associated with your Google Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Google Profile information, such as your name and photo.
When you contact Google, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
We may combine personal information from one service with information, including personal information, from other Google services – for example to make it easier to share things with people you know. We will not combine DoubleClick cookie information with personally identifiable information unless we have your optin consent.
Google processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.
Transparency and choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
Review and control certain types of information tied to your Google Account by using Google Dashboard.
View and edit your preferences about the ads shown to you on Google and across the web, such as which categories might interest you, using Ads Settings. You can also opt out of certain Google advertising services here.
Use our editor to see and adjust how your Google Profile appears to particular individuals. Control who you share information with.
Take information out of many of our services.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.
Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including Google. Our services provide you with different options on sharing and removing your content.
Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of Google unless one of the following circumstances applies:
With your consent
We will share personal information with companies, organizations or individuals outside of Google when we have your consent to do so. We require optin consent for the sharing of any sensitive personal information.
With domain administrators
If your Google Account is managed for you by a domain administrator (for example, for Google Apps users) then your domain administrator and resellers who provide user support to your organization will have access to your Google Account information (including your email and other data). Your domain administrator may be able to:
view statistics regarding your account, like statistics regarding applications you install. change your account password.
suspend or terminate your account access.
access or retain information stored as part of your account.
receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
restrict your ability to delete or edit information or privacy settings.
For external processing
For legal reasons
We will share personal information with companies, organizations or individuals outside of Google if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
meet any applicable law, regulation, legal process or enforceable governmental request. enforce applicable Terms of Service, including investigation of potential violations. detect, prevent, or otherwise address fraud, security or technical issues.
protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law.
We may share aggregated, nonpersonally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
We work hard to protect Google and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
We encrypt many of our services using SSL.
We offer you two step verification when you access your Google Account, and a Safe Browsing feature in Google Chrome.
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to Google employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Compliance and cooperation with regulatory authorities
Specific product practices
The following notices explain specific privacy practices with respect to certain Google products and services that you may use:
Chrome and Chrome OS Books
Other useful privacy and security related materials
Further useful privacy and security related materials can be found through Google’s policies and principles pages, including:
technologies we use for advertising. how we recognize patterns like faces.
A page that explains what data is shared with Google when you visit websites that use our advertising, analytics and social products.
Google’s safety center, which provides information on how to stay safe and secure online.
“access to your personal information”
For example, with Google Dashboard you can quickly and easily see some of the data associated with your Google Account. Learn more.
“ads you’ll find most useful”
For example, if you frequently visit websites and blogs about gardening, you may see ads related to gardening as you
browse the web. Learn more.
For example, if you frequently visit websites and blogs about gardening that show our ads, you may start to see ads related to this interest as you browse the web.
This includes information like your usage data and preferences, Gmail messages, G+ profile, photos, videos, browsing history, map searches, docs, or other Googlehosted content.
“combine personal information from one service with information, including personal information, from other Google services”
For example, when you’re signed in to your Google Account and search on Google, you can see search results from the public web, along with pages, photos, and Google+ posts from your friends and people who know you or follow you on Google+ may see your posts and profile in their results.
“connect with people”
For example, you could get suggestions of people you might know or want to connect with on Google+, based on the connections you have with people on other Google products, like Gmail and people who have a connection with you may see your profile as a suggestion.
Whilst we currently don’t ask for a credit card during sign up, verifying your age through a small credit card transaction is one way to confirm that you meet our age requirements in case your account was disabled after you have entered a birthday indicating you are not old enough to have a Google Account.
“develop new ones”
For example, Google’s spell checking software was developed by analyzing previous searches where users had corrected their own spelling.
Device identifiers let Google know which unique device you are using to access our services, which can be used to customize our service to your device or analyze any device issues related to our services.
For example, when you visit Google Play from your desktop, Google can use this information to help you decide on which devices you’d like your purchases to be available for use.
“improve your user experience”
For example, cookies allow us to analyze how users interact with our services. Learn more.
“legal process or enforceable governmental request”
Like other technology and communications companies, Google regularly receives requests from governments and courts around the world to hand over user data.
“may collect and process information about your actual location”
For example, Google Maps can center the maps view on your current location. Learn more.
“may not function properly”
For example, we use a cookie called ‘lbcs’ which makes it possible for you to open many Google Docs in one browser. Learn more.
For example, if you add a phone number as a recovery option, if you forget your password Google can send you a text message with a code to enable you to reset it.
“protect Google and our users”
For example, if you’re concerned about unauthorized access to your email, “Last account activity” in Gmail shows you information about recent activity in your email, such as the IP addresses that accessed your mail, the associated location, as well as the time and date.
For example, with Google+, you have many different sharing options. Learn more.
“sharing with others quicker and easier”
For example, if someone is already a contact, Google will auto-complete their name if you want to add them to a message in Gmail.
“the people who matter most to you online”
For example, when you type an address in the To, Cc, or Bcc field of a message you’re composing, Gmail will suggest addresses from your Contacts list.
“to make it easier to share things with people you know”
For example, if you have communicated with someone via Gmail and want to add them to a Google Doc or an event in Google Calendar, Google makes it easy to do so by auto-completing their email address when you start to type in their name. Learn more.
“view and interact with our ads”
For example, we regularly report to advertisers on whether we served their ad to a page and whether that ad was likely to be seen by users (as opposed to, for example, being on part of the page to which users did not scroll).
“We may share aggregated, nonpersonally identifiable information publicly”
When lots of people start searching for something, it can provide very useful information about particular trends at that time. Learn more.
“more relevant search results”
For example, we can make search more relevant and interesting for you by including photos, posts, and more from you and your friends.
“removing your content”
For example, you can delete your Web History, your blog, a Google Site you own, your YouTube Channel, your Google+ profile oryour entire Google account.
“to show trends”
You can see some of these at Google Trends and YouTube Trends.
Google Third-Party Policy Disclosure Notice
Advertiser Guide: working with a third-party partner
Introduction to online advertising and AdWords
AdWords is Google’s advertising product, which displays your ads to people looking for products or services similar to those that you offer on Google or its partner sites. Advertising with AdWords allows you to reach new customers at the precise moment they’re searching for your type of products and services. You can choose to be charged for clicks, impressions, or conversions, depending on the type of campaign you run.
Once your ads are running, we provide performance data so your third-party partner can track what’s working and what’s not. AdWords is highly accountable, helping you understand precisely the return on your advertising investment and allowing your third-party partner to make adjustments to optimize for the best possible return.
In addition to Google search, you can also run ads on Google’s network of partner sites (places where you may have seen the “Ads by Google” message) – including YouTube. On this network, you can take advantage of other ad formats, such as image ads and video ads.
Google and third-party partners
We believe that AdWords can help your business succeed. However, you might not have the time or resources to devote to building – and regularly maintaining – a successful AdWords account. Or maybe you’d just like some help from an expert.
That’s where our third-party partners come in. There are many different types of third parties out there, from the largest advertising agency and yellow page publisher to the one-person web consultant. To help you select a third-party partner, we’ve developed our Partner Programs. Third parties participating in these programs will display a badge on their website and have taken and passed certification exams. Two badges that you’ll probably see most often are AdWords Certified Partner and Premier SMB Partners. See the badges and learn about our Partner Programs at www.google.com/adwords/partnerprograms.
To confirm that a company is certified within our Partner Programs, click the badge on their website. If they’re certified, you’ll be taken to the company’s profile page on Google.com.
How to work with a third-party partner
An AdWords third-party partner can save you and your business a lot of time and energy. For best results, we encourage you to stay informed, involved, and up-to-speed on your ad campaigns, and let your partner handle the time-consuming work.
Third-party partners will often charge a fee in addition to the cost of your advertising. Remember, they’re providing a valuable service by managing your AdWords campaigns, providing you with reporting, answering your questions, and optimizing your campaigns, among many other things. We believe it’s important for you to understand the total cost of your AdWords advertising, including any fees your third-party partner charges. Use this amount to determine your return on investment (ROI).
Here are five quick tips for being a savvy customer:
Be selective When selecting a third-party partner to work with, look for companies that display a Certified Partner or a Premier SMB Partners badge. You can use Google Partner Search to verify that a company is certified, or to search for certified partners. As part of your selection process, be sure that you understand and are comfortable with the length of the contract you’re entering into with the partner. There are a few other criteria to help you choose the right third-party partner for you:
Has this third-party partner worked with businesses in your area before?
What about businesses with similar budgets or target audiences?
What other services can they provide – alongside AdWords – to grow your business?
Pick one partner You may be tempted to divide your budget among multiple third parties to see which one drives the best results. You’re welcome to do this as long as you test them one at a time. Google doesn’t display more than one ad for a business on a page of search results, so you’ll find it difficult to test multiple third parties at once.
Educate yourself Understanding AdWords at an advanced level can take time, but it doesn’t take much time to learn the basics. Review the “AdWords basics” section below or visit the AdWords Help Center at adwords.google.com/support/aw to learn more. Understanding AdWords will help you make more informed decisions with your third-party partner.
Trust experience If you’re working with a company that’s managed hundreds of AdWords accounts, then it’s likely that they’ve developed expertise with AdWords. If they tell you that certain industries have historically higher online-advertising costs or certain keywords might not work for your business, they’re probably speaking from experience.
Evaluate your performance Unless you’re focused on branding, what matters most about AdWords is the return on your advertising investment (i.e. the number of new customers coming in the door). So take some time each month to measure what you’re investing, and the results you’re receiving from that investment.
What to watch out for
We believe that it’s important for you to have a great experience with AdWords. If this isn’t the case, please let us know. Be sure to first work with your third-party partner to try to resolve any issues before contacting us.
Many third parties have earned our trust by representing the best interests of their advertisers. There are some third parties that are not acting in this way. Here are some activities to watch out for and let us know about:
Not sharing the cost and performance of AdWords campaigns: You have a right to know, at a minimum, the number of clicks, impressions, and cost of your AdWords advertising.
Guaranteeing ad placement, either on a specific advertising channel or in a specific position: It’s not possible to guarantee a specific ad position on Google.com search results pages. AdWords ad position is determined by an auction and changes dynamically with every new search. Some third parties may only charge you if they achieve your desired ad placement, but those that guarantee a specific position (i.e. the top position every time a user searches for your keyword) are misrepresenting how AdWords works.
Claiming to be from Google: Ask this person for their name and to email you from their Google.com email address; if you’re still unsure, forward the email to the address above.
Harassing or bullying you into signing up: Only you can remove your business from the natural or organic search results on Google.com.
Deceptive pricing: The agency may not use the correct advertising budget as agreed with you — make sure that you get an official copy of your agreement in writing.
Claiming AdWords will affect your organic or natural ranking: AdWords advertising has no impact on your organic or natural ranking in the search results; the two are completely separate.
Keywords: The words or phrases you select – when users search for those words on Google, your ad may appear next to or above the search results.
Clicks: The number of times users clicked your ad. Impressions: The number of times your ad appeared.
Clickthrough Rate (CTR): The number of clicks divided by the number of impressions, shown as a percentage. A good CTR can improve your average position.
Average Position: The average position that an ad appears in when it’s triggered. An average position of 1-8 generally means that the ad is appearing on the first page of search results.
Cost: The total amount you spend with AdWords.
Conversion: The action that your advertising results in, such as a phone call, lead, or sale. This is usually a good metric to use to measure the success of your advertising.
Disclaimer: While we may not respond personally to your email, we will investigate your comments and, if necessary, take the appropriate action. If you have a question about your AdWords account and need help, please visit the Help Center athttp://adwords.google.com/support/aw/.
OMC GROUP CANCELLATION POLICY
BUSINESS PROFILE PAGE ADVERTISING APPLICATION
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY. IT IS IMPORTANT THAT YOU PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. BY SIGNING UP WITH OMC GROUP OR AGREEING VERBALLY TO THIS AGREEMENT, YOU AGREE THAT THESE TERMS AND CONDITIONS WILL GOVERN YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE USE OF A OMC GROUP PROFILE PAGE AND LOCAL SEARCH MARKETING SERVICES. FRONT PAGE GOOGLE PLACEMENT SEARCH PHRASES ARE AT THE DISCRETION OF OMC GROUP.
When a customer, generally a small business, which may be an LLC, corporation, partnership, or sole proprietorship, agrees to service from OMC Group , the following Terms and Conditions apply:
Section 1. Charges: Charges generally consist of an activation and setup fee and a recurring monthly charge. At sign up, generally the activation fee and first month charges are paid. However, some rate plans may allow paying multiple months of service in advance. Recurring amounts are billed monthly, or at greater time increments, depending on rate plan. Unless the billing date falls on a day banks are closed, the customer is generally billed on the same day of the month as the original sign-up for each subsequent billing interval.
Section 2. PIN Verification: The customer understands that a Personal Identification Number (PIN) verification is required for service. Generally, this verification requires a call from customer service to the customer to help with the verification process.
Section 3. Services provided: The customer understands that OMC Group attempts to optimize various targeted keywords for cities where customers operate their businesses. The customer understands that OMC Group strives to deliver the services offered below in as timely a manner as possible.
a. Google Adwords Campaign
b.Monthly Reporting and Tuning of Campaign and Budget Requirements
c.Research Market and Keywords based your website and its content as well as keywords suggested by user
Product Disclaimer: *All products may not be available within all countries, provinces, states, cities, and other locations.
Section 4. Agreement Term, Cancellation and Refunds: Customers have agreed to the term of the agreement for the rate plan which they select, which may range up to a 12 month term. OMC Group will not issue refunds for services already rendered, but exceptions may be made on a case-by-case basis. When requesting a refund, the customer must contact Customer Service and each case will be reviewed. Refunds are not guaranteed and if one is granted, it will only be granted on a prorated basis. Generally, a customer may cancel their service with 3 days’ notice to avoid future charges, but are not entitled to a refund of previous payments. OMC Group cannot and does not guarantee a return of investment (ROI).
Section 5. No Liability: OMC Group, its suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns, shall not be liable for any damages whatsoever, including, without limitation, direct or indirect damages for loss of business profit, personal injuries, business interruptions, state licensing requirements, city ordinances, business information loss, or any other loss resulting from the use or inability to use OMC Group’s products. The maximum liability shall be limited to the amount actually paid for the services provided.
Section 6. Indemnity: Customer shall indemnify, defend and hold OMC Group , its successors, suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns harmless from any liability or loss resulting from any judgments or claims against Customer.
Section 7. Customer Disclosure: The customer agrees to inform OMC Group in writing of any internet advertising campaigns it has performed or is performing prior to agreeing to service. Failure to disclose this information may compromise the services provided by OMC Group In addition, the customer must provide 1 physical location address which can receive mail for each service location. Without a physical location, it is more difficult for OMC Group to obtain front page placements. Customer further agrees that they will only use OMC Group service for lawful purposes only.
Section 8. Billing: Customers may request a change in their method of payment by emailing customer service at [email protected] Customer consents to automatic recurring charges to their credit card or checking account.
Section 9. Cancellation of Services: If customer wishes to cancel their service, they must first complete a cancellation ticket, call in and request to cancel service, or send an email to [email protected] However, to complete the cancellation process, Customer must speak with Customer Service and receive a cancellation email sent to customer.
Section 10. Purchase of Domain: If customer opts to purchase a domain through OMC Group and decides to cancel their service, customer may, but does not have to, purchase their domain for a set fee. If customer does not purchase their domain, it will revert back to OMC Group and customer will have no control over the domain.
Section 11. Communication: The customer agrees to be supportive of their internet advertising campaign and agrees to be responsive to OMC Group requests in a reasonable period of time, and acknowledges if they are not, it may affect performance of such products.
Section 12. Respect of Intellectual Property: The customer agrees to respect all trademarks, copyrights and any other intellectual property. Customer certifies it owns or has permission to use any image uploaded or otherwise provided to OMC Group
Section 13. Terms and Conditions: OMC Group may change its terms and conditions without prior notice, at its sole discretion. To document your terms and conditions for your service, we recommend that you print these terms and conditions and store them in a file or electronically.
Section 14. Governing Law and Venue: By purchasing OMC Group ’s service you agree that your agreement shall be governed by the laws of the State of California. You also agree and hereby submit to the jurisdiction and venue of the State of California, County of Orange, with respect to any such matters relating to your purchase of OMC Group ’s goods.
Section 15. Agreement to Arbitrate: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered by a California court, whereby Customer consents to personal jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a Court located in the County of Orange in the State of California.
Section 16. Authority to Sign: The person agreeing to service on behalf of the customer hereby represents and warrants that he or she has the authority, and ability, to act on behalf of the customer.
Section 17. APPLICATION By clicking Signing up with OMC Group or verbally agreeing to these terms, the user (“USER”) indicates acceptance of these terms and conditions and requests OMC Group to publish via a Profile Page (“Profile Page”) with information provided by USER related to USER’s business on various electronic media, including, without limitation, OMC Group’ OMC Group service (“Electronic Listing”). Electronic Advertising may also incorporate data from USER’s websites or other USER data items identified on this Application or submitted for use on a Profile Page, and any audio or video, or other web site related content, whether or not linked to or made a part of the Electronic Listing. The “Application Date” is the date the USER confirms acceptance of these terms and conditions and submits an order.
Section 18. PAYMENT (a) Credit Approval. USER hereby authorizes OMC Group to contact such third parties as OMC Group deems appropriate (including not limited to any of USER’s banks, creditors and any credit reporting agency) to verify any information provided by USER, or to obtain credit information regarding USER in connection with this Application. (b) Refunds and Credit Card Payments. Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card, if there are any periodic charges for publication of a Profile Page, those charges may be billed automatically to a credit card provided by USER. USER may designate another credit card, if USER believes that someone has used its credit card or credit card number without authorization. Unless OMC Group agrees to or requires other billing arrangements, publication charges will be automatically billed to the credit card USER designated during the application process. OMC Group reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. (c) Term. The term of this agreement shall be month-to-month unless a longer contract term is selected via the OMC Group Order Form, verbally when speaking with a OMC Group employee/representative, or by selecting and confirming a product purchase online that specifies a different term.
Section 19. CONTENT (a) Profile Page Advertising Copy. “Advertising Copy” means all content or other data including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs, audio, video, animation, or other likenesses, reproductions of real or fictitious persons (including minors), and written, visual or audible endorsements provided by USER and other content included on or linked to USER’s on-line Profile Page, including any content submitted on-line by USER or any person(s) using its password(s) (“Authorized User(s)”). OMC Group has the right in its sole discretion to change the wording, size, font or images associated with any of the Advertising Copy to conform it to OMC Group’ policies, procedures, standards or practices and or to the policies of any third parties upon whose site or network the Advertising Copy may be published on behalf of USER or OMC Group. USER represents and warrants that it has the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all Advertising Copy in any medium and in (or in connection with) any listing or advertisement published under this Application without the consent or authorization of any other person or entity. USER further represents and warrants that (i) it has the right to provide the Advertising Copy to OMC Group and the authority to grant OMC Group all rights afforded by these terms and conditions without the approval or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by OMC Group or its sublicensees will not violate or infringe any copyright or other intellectual property right or privacy rights of any other person or entity. USER agrees to immediately notify OMC Group in writing if any proceeding contesting such rights or delegation thereof is initiated by any third party.
(b) USER’s Representations. USER represents and warrants that (i) all statements contained in the Advertising Copy are truthful and not misleading; (ii) that it is authorized to provide the services and products advertised; (iii) the Advertising Copy complies with all applicable laws and regulations; (iv) it has all of the applicable licenses and permits required to provide the goods and services offered in connection with the contemplated Electronic Advertising) in all of the geographic areas covered by the Listing; and (v) it will notify OMC Group immediately if it becomes aware of any facts or circumstances indicating that any of the representations herein are, or become, untrue. USER understands and agrees that OMC Group does not approve or endorse any product or service described in any advertising, and specifically consents to the publication by OMC Group or its Affiliates of the advertising of any other person in any Listing at any time, although such advertising may compete with or be in direct or indirect competition with the products or services or USER.
(c) OMC Group’ Rights in Advertising Copy. If OMC Group creates or supplies any Advertising Copy, USER agrees that: (i) USER is responsible for the content, but that OMC Group retains all rights in and/or ownership of any such Advertising Copy and USER will not have any right therein except as expressly set forth in this Application; (ii) OMC Group reserves the right to supply such Advertising Copy to other publishers; (iii) USER has no right to use advertising developed with content created or supplied by OMC Group except in connection with this Application; and (iv) USER will not have the right to allow others to use such advertising or any such content. USER waives any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy. It is USER’s responsibility to review and request changes to any Advertising Copy created or supplied by OMC Group. USER understands and agrees that OMC Group will own the compiled data it collects from USER, the copyright for all compiled Listings and all copyrighted portions of each Listing, and all rights associated therewith.
(d) Appearance. USER acknowledges that published advertising may be of a lower quality or otherwise differ from the original Advertising Copy or from electronic representations supplied by OMC Group in clarity, color, contrast, focus, size and other features. USER releases OMC Group from any liability for advertising of inferior quality produced from substandard Advertising Copy. USER acknowledge that the size, color, font, highlighting and arrangement of listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated listing’s enhancements may be omitted (e.g., the listing may appear as a basic listing) as a result of a distribution intermediary’s hardware, software or system limitations or browser settings or the manner in which the listing is transferred to any third party distribution intermediary prior to its display to the viewer or end user.
(e) Distribution. USER grants to OMC Group the absolute, non-exclusive, irrevocable, royalty-free, unrestricted right, license and authority to: (i) use, reproduce, publish, publicly perform, display, distribute and prepare derivative works based upon any Advertising Copy, and any changes thereto that USER or its agents provide to OMC Group hereunder, or that OMC Group or its agents may otherwise develop or use hereunder, in whole or in part, in such manner, format, and media as OMC Group may deem appropriate and for such purposes as it may see fit, subject to applicable law; and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded OMC Group and to further sublicense these rights, subject to such terms and conditions as OMC Group may deem appropriate.
(f) USER’s Obligation to Verify Information. USER understands that it is USER’s obligation to verify that the data provided to OMC Group on this Application accurately matches the information on file with USER’s telephone company relating to USER’s business telephone service account.
Section 20. NO OBLIGATION TO PUBLISH USER understands that this Application is not a commitment by OMC Group to publish or to have published by any search engine or other third party any advertising, or create an Electronic Listing or any portion thereof. OMC Group will only be bound by this Application if and to the extent that OMC Group publishes advertising. If OMC Group fails to publish some advertising, USER’s sole remedy shall be a refund of money previously paid for that portion of the advertising not published. Upon refund of money previously paid to OMC Group, it shall have no further obligation to USER.
Section 21. LOCATION OF ADVERTISEMENTS AND HEADINGS USERs agrees that (i) OMC Group will determine all headings that will appear in the Listing and has the right to approve or reject USER’s selection of a heading; (ii) OMC Group does not guarantee that USER’s advertising will appear under a specific heading or position within a heading in any Electronic Listing; (iii) OMC Group does not guarantee that any advertising will appear at any specific place, position, or location on the electronic directory page(s) or directory listings for the world wide web (“www”), or at a specific url address on the internet, or at a specific location within any other Electronic Listing, or that the url or keywords of any advertising will be placed with any particular search engine; and (iv) Headings are included only for the user’s convenience, and OMC Group does not warrant or guarantee that USER’s listing under a given heading provides the service or product described in that heading or conforms to all applicable legal or regulatory requirements for providing that product or service.
Section 22. PUBLICATION USER understands and agrees that OMC Group cannot and does not guarantee the number of people who will view any Electronic Advertising. Accordingly, for the purposes of this Application, OMC Group will be deemed to have published USER’s Electronic Advertising if it includes USER’s Profile Page in the OMC Group database or otherwise hosts the advertising so that it is accessible to Internet users or search engines through the OMC Group service in response to appropriate queries and searches. USER understands that OMC Group may change the specifications of USER’s Electronic Advertising at any time upon notice. In the event such change is material to USER’s Electronic Advertising, notwithstanding anything to the contrary herein, USER may cancel its advertising as its sole remedy by providing OMC Group with written notice immediately upon receipt of OMC Group’ notice of changes. OMC Group may (but is not obligated to) make the OMC Group Electronic Listing available, in whole or in part, to end users through various search engines, applications, facilities, websites and web services, including without limitation (i) other websites owned and/or operated by OMC Group; (ii) such additional sites as OMC Group may directly or indirectly employ from time to time in its provision of such Electronic Listing to intermediaries and end users of other commercial applications, websites and web services, which are owned, hosted or provided by third parties to whom OMC Group has agreed to provide such Electronic Listing services; and (iii) such other applications, media and communications channels and protocols of any kind, mechanisms and facilities as OMC Group may employ in the provision and delivery of such Electronic Listing to end users.
Section23. CANCELLATION / SUSPENSION (a) In the event of cancellation of advertising by USER in accordance with the terms hereof, USER will remain liable for the payment of all charges incurred through the last day of the billing period when such termination notice is received. You will not receive a refund for billing that has already occurred. OMC Group Subscriptions are non-refundable. You may cancel your monthly renewing membership at any time during the month. If you choose this option, your subscription will expire 30 days from the last payment. Any amounts paid prior to your cancellation will not be refunded. Cancellations must be submitted via email to OMC Group at least 3 days before your next billing cycle. Billing cycles are on the 1st and 15th of each month. You can submit your cancellation to [email protected] (b) OMC GROUP, INC. may cancel any or all of advertising or temporarily and/or permanently suspend its provisioning of, or access to Electronic Advertising, in whole or in part, without prior notice at any time in its sole discretion for any reason, including without limitation, if OMC GROUP, INC. concludes that: (i) USER is in breach of any term of this Advertising Application; (ii) it determines that any advertising might be obscene or indecent, or otherwise objectionable or might violate a third party’s intellectual property or is otherwise legally actionable.
USER understands that, except for its obligations to pay OMC Group’ damages under Section 9 hereto: (i) the total amount of damages that OMC Group may recover from User related to this Application will not exceed the sum of the charges owed for the items of advertising at issue, plus late charges and other costs payable under Section 3; and (ii) OMC Group agrees to waive any claim for damages to the extent such damages exceed this amount. USER agrees: (i) that the total amount of damages that it may recover from OMC Group related to this Application will not exceed the lesser of (a) the amount (as determined by OMC Group) by which the value of the item of advertising at issue was decreased or (b) the sum of the charges USER has paid for the items of advertising at issue (the lesser amount being referred to as the “Liability Cap”); and (ii) to waive any claim for damages to the extent such damages exceed the Liability Cap. OMC Group will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Section 8 will apply to the full extent permitted by law, and it will apply to any claim that USER may have against OMC Group, any affiliate or agent of OMC Group, any party that provides fulfillment or other services related to this Application, or any “Third Party Distribution Contractors.” “Affiliate” means OMC Group, any of its subsidiaries and/or any of its affiliates. “Third Party Distribution Contractors” means third parties for whom OMC Group provides a co-branded or private-label directory or through whom OMC Group otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (including but not limited to negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in USER’s advertising; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of OMC Group. In no event will OMC Group, any Affiliate or agent of OMC Group, or any Third Party Distribution Contractor, be required to correct, or to give any special notice regarding, any error or omission in any Listing.
Section 24. OMC GROUP’ DAMAGES To the full extent permitted by law, USER agrees to pay any expenses or damages incurred by OMC Group, any Affiliate or agent of OMC Group, any party that provides fulfillment or other services to OMC Group related to this Application, and any Third Party Distribution Contractor, including all of its attorney’s fees and expenses, which expenses or damages result from claims brought by other parties regarding (a) the publication of advertising as requested by this Application or in accordance with USER’s Advertising Copy (or changes USER makes or requests thereto) or the content on or the operation of any website(s) included in USER’s advertising or to which USER’s advertising links; (b) any breach of any of USER’s obligations, representations, warranties or covenants under this Application; (c) transactions initiated through any Electronic Advertising (including without limitation, any taxes or shipping and handling charges applied thereto); (d) payment processing services provided by any third party; or (e) any agreement or arrangement between USER and any third party (including without limitation any agreement(s) between USER and a third party payment processing company).
Section 25. LINKS If USER’s advertising contains links, it hereby: (i) grants to OMC Group and its sub-licensees a royalty-free unrestricted right and license to establish such links and to link users of its advertising to the website(s) designated in its advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within its advertising; and (ii) represents and warrants that (a) it has the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which its advertising links complies in all respects with all applicable laws and regulations.
Section 26. OMC GROUP MAY ACT AS SALES AGENT USER understands and agrees that OMC Group may be acting as a sales agent for another publisher. If OMC Group is acting as a sales agent for another publisher, USER agrees that its contract is with OMC Group and that OMC Group will not be liable for any damages related to such advertising. In addition, USER agrees that, if it attempts to bring any claim against any entity related to such advertising, such entity will also be entitled to assert any defense that OMC Group is provided in accordance with the terms and conditions this Application.
Section 27. GENERAL DISCLAIMERS OMC Group disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this Application, including without limitation (i) OMC Group does not warrant that the advertising will be published without error or omission; (ii) OMC Group disclaims any warranty of merchantability or fitness for a particular purpose; (iii) OMC Group does not warrant the number of responses to USER’s advertising, any other business benefit or the suitability of USER’s advertising for any business purpose; (iv) OMC Group may change the content, form or appearance of any Listing at anytime, including but not limited to removing, reducing or expanding business listings or sections; and (v) OMC Group may also change the geographic area or areas covered by the listings in, or the distribution of, any Listing.
Section 28. SECURITY / ELECTRONIC TRANSACTIONS USER agrees that it is solely responsible for maintaining and ensuring the security of any and all passwords obtained from OMC Group or its agents in connection with USER’s Advertising, and that USER will be directly responsible for all conduct, acts or omissions on the part of any of its Authorized Users. USER acknowledges and agrees that the conduct of any Authorized Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind it, to the same extent as though evidenced by the signature of its authorized representative. OMC Group may revoke USER’s password or deny USER or any Authorized User access to any back office functionality, in whole or in part at any time, in OMC Group’ reasonable sole discretion. USER acknowledges that the server space upon which Electronic Advertising is hosted, and the Internet connections through which any transactions conducted in connection with e-commerce enabled advertising, will be unsecure, unless otherwise indicated by OMC Group in writing.
Section 29. DOMAIN NAMES USER authorizes OMC Group to host any website Electronic Advertising requested under this Application at any extension or subdomain of any of OMC Group’ Internet domains which OMC Group deems appropriate. USER acknowledges that it is solely responsible for conducting any trademark searches and other similar activities which may be necessary or appropriate in relation to the selection, evaluation and appropriateness of any custom domain name(s) which USER may request OMC Group to link to, and that OMC Group will have no liability or obligation to USER whatsoever in the event of any third party claims against USER.
Section 30. ADDITIONAL DISCLAIMERS Without limiting the general disclaimers contained above, OMC Group also does not warrant the following: (i) that USER’s advertising will be published or withdrawn on a particular day; (ii) that a specific number of persons will access or download the Listing, any portion of the Listing, any heading or any advertising (and does not otherwise warrant the effectiveness of any Electronic Advertising or any service ancillary thereto); (iii) that the OMC Group service, any Electronic Advertising or any service ancillary thereto will be uninterrupted or error free, or facilitate any connection to or transmission over the internet; (iv) that any advertising will be placed on any co-branded or private label version of OMC Group’ Electronic Listing (or any other version provided through a Third Party Distribution Contractor); and (v) OMC Group will have any liability regarding services provided by third parties (including without limitation any internet service provider or local exchange carrier).
Section 31. FORCE MAJEURE Neither USER nor OMC Group will be in breach of its obligations under this Application (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Application. Such causes will include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of OMC Group or USER.
Section 32. ENTIRE AGREEMENT This Application (describes the entire agreement between OMC Group and USER and supersedes any other oral or written agreements regarding the Electronic Advertising specified in this Application, except for any increase in the limitation of liability agreed to in writing by both parties. Neither USER nor any agent of OMC Group may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Application is binding on OMC Group. Moreover, USER confirms that USER has not relied upon any such representation in entering into this Application.
Section 33. GOVERNING LAW USER and OMC Group agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of California.
Section 34. AUTHORITY The person clicking on the Signing up with OMC Group button hereby certifies that he or she is either USER, or that he or she has been lawfully authorized to submit this Application and authorize the placement of advertising on behalf of USER.
Section 35. SUCCESSORS AND ASSIGNS This Application will be binding on and inure to the benefit of USER and USER’s successors. OMC Group may, in its sole discretion, assign this Application. USER may not assign any of its rights or delegate any of itsy duties under this Application without prior written consent of OMC Group.
Section 36. WAIVER OF RIGHTS Except as otherwise set forth in this Application (including the provisions of Section 7), neither USER nor OMC Group will lose any of its rights under this Application even if it does not enforce a right, or delays in enforcing a right. BY CLICKING THE Signing up with OMC Group BUTTON BELOW, USER REPRESENTS THAT ITS AUTHORIZED REPRESENTATIVE HAS READ AND UNDERSTANDS THIS ELECTRONIC ADVERTISING APPLICATION. USER AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN TO THE SAME EXTENT THAT WOULD OCCUR IF ITS DULY AUTHORIZED AGENT’S ORIGINAL SIGNATURE WAS AFFIXED HERETO. IF USER DOES NOT AGREE TO ALL THESE TERMS AND CONDITIONS OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND USER, DO NOT CLICK Signing up with OMC Group AND COMPLETE AN ONLINE ORDER.