Performance Rank™, Google Maps Optimization Services terms.
Thank you for choosing Magnosi Enterprises Inc. doing business as Performance Local, Local Maps Online’ and MapVantage to provide Google organic optimizations and rankings services, and paid ads management.
THIS AGREEMENT (the “Agreement”), is entered into on the date of purchase by said customer and between Magnosi Enterprises Inc. doing business as Performance Local, Local Maps Online’ and MapVantage, a Liverpool New York Company, and said customer (collectively, the “Parties”).
The Customer agree as follows:
Services
As part of the optimization services, ”Performance Local’, Local Maps Online’ and ‘MapVantage’ will provide:
Optimization of the end-customers’ GBP listing (GBP aka Google Maps, Google Business Profile, Google My Business page) creating content, backlinks and general optimization services to the profile as a whole while creating supporting proprietary assets to support such.
For paid ads customers we provide local targeted paid ads management on performance driven Google campaigns in a radius of up to 30 miles from clients’ location across up to 15 products and services of their choosing sending traffic, branding and calls to clients’ website, and GBP profile all tracked by Google Analytics and CallRail.
ii. Email support is available to customers M-F 9-5 ET.
iii. <24 hour turnaround response time during normal business hours.
Customer Requirements
Customer agrees to the following terms for delivery and review of materials.
Provide Google Business Profile ‘manager’ level access to one of the following email addresses within 3 business days of successful payment (You will be notified within 72 hours of payment which email address you need to share access with): manage@localmapsonline.com
Compensation and Payment
Customer will pay to ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ and Magnosi Enterprises inc. for optimization services online on a monthly basis unless notified in writing 7 days prior to campaign billing date.
For Performance Rank™ customer will pay regular rate for the initial build out and set up and only pay the monthly fee once 100+ page 1 rankings organically have been produced and accounted for on our ranking platform Night Watch.io
Right to cancel: The Customer has the right to cancel this initial agreement until midnight of the third (3rd) full business day from starting/launching a campaign and initial payment being accepted. Customer may cancel this agreement by emailing a written notice to MapVantage (manage@mapvantage.ai). before midnight of the third business day.
5. Term. This Agreement will commence on the effective date first set forth above and will continue for a rolling period of 30 days.
Customer can discontinue the monthly service by sending an email 7 days prior to the billing date to manage@mapvantage.ai otherwise services will continue for the remainder for the billing cycle. No refunds are given to the nature of services rendered.
6. Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Magnosi Enterprises Inc.from their creation. Thus, ‘Magnosi Enterprises Inc.’ shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Magnosi Enterprises Inc. all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Magnosi Enterprises Inc. has the right but not the obligation to use and display any postings or contributions of any kind and that Magnosi Enterprises Inc. may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
7. Disclaimers
Throughout the site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’. Neither ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ representative while acting in his/her official capacity.
The information, products and services offered on or through the site and by company and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
8. Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
9.Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
10. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials company is not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor.
None of the information provided by us is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation or sponsorship of any company, security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments.
We do not offer or provide tax, legal or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us. This site is continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
11. Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ infringe your copyright, you, or your agent may send to ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor details. ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: manage@mapvantage.ai
This Agreement shall be binding upon and inure to the benefit of ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’ to any affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of the State of [United States/Florida] and any dispute shall be subject to binding arbitration in [United States/New York/Florida]. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement immediately goes into effect upon purchase of said services from Magnosi Enterprises Inc. doing business as ‘Performance Local’, ‘Local Maps Online’ and ‘Magnosi Enterprises Inc. DBA Performance Local and/or MapVantage’.