Our terms of service.
Please read these terms and conditions regarding our services before subscribing
The SimplePPC Terms Of Service
THIS WEBSITE WITH ALL ITS APPLICATIONS IS AN ONLINE SERVICE PLATFORM OWNED AND OPERATED
BY ONLINE LEARNING PARTNERS LLC (aka SimplePPC.com).
The Owner of SimplePPC.com is:
ONLINE LEARNING PARTNERS LLC
2015 E Robson St
Tampa, FL 33610
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SERVICES (“Terms Of
Service”) CAREFULLY BEFORE USING SimpleSocial.com OR ANY SERVICES OFFERED BY SimplePPCl.
By using SimplePPC or goods and services offered by SimplePPC, or printing, downloading, or otherwise using any service from SimplePPC, or registering or becoming a subscriber of SimplePPC, you signify your assent to and agree with our Terms of Service. If you do not agree to all of these Terms of Service, please do not use or register with SimplePPC.
1. Nature of SimplePPC
1.1 SimpleLead offers a subscription-based website for companies that use lead generation marketing as part of their business. SimplePPC provides services for creating and managing lead generation campaigns, included but not limited to; Google Search Results Page (SERP), Google Display Network (GDN), Google Remarketing, & Email Marketing. SimpleLead also provides marketing services to support these campaigns including Landing Page Management, Campaign Optimizing, Ad and Keyword Testing and Detailed Analytics.
2. Updates and Revisions of our Terms of Service
2.1 SimplePPC may revise and update its Terms of Service at any time without notice by posting such revised or updated Terms of Service on or at SimplePPC.com. Any changes to these Terms of Service will become effective upon posting such revisions or updates. You are required to periodically check our Terms of Service for any changes if you continuously use SimplePPC. Your continued usage of SimplePPC or any of its goods and services will mean that you accept those changes.
3. Access to SimplePPC: Registration & Subscription
3.1 In consideration of your use of the SimplePPC Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving SimplePPC Services under the laws of the United States or other applicable jurisdictions.
3.2 To access SimplePPC's suite of services, you need to first subscribe to SimplePPC and provide us with certain registration data (name, address, e-mail address, etc.) and other information necessary to provide our services to you.
3.3 You will receive a password and account designation upon completing the SimplePPC Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SimplePPC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SimplePPC cannot and will not be liable for any loss or damage arising from your failure to comply with this.
3.4 After registration we will verify the e-mail address you provided us with and open a customer account on SimplePPC for you.
3.5 The registration data or other information you provide us with must be accurate, current, and complete. If this turns out not to be the case, SimplePPC has the unconditional right to refuse you further access to SimplePPC or any of its content or services, and to terminate or suspend your access to or membership with SimplePPC at any time.
3.6 You have in no way a right to be registered with SimplePPC. A customer or any other applicant to be registered with SimplePPC leaves it to our sole discretion if we want to accept the application. We will terminate your registration or membership with SimplePPC according to our own discretion.
3.7 All service to you will end at the latest when SimplePPC ceases to exist or to operate.
3.8 SimplePPC is a subscription-based service and as such you subscribe either on an indefinite month-to-month prepaid basis.
3.9 As a month-to-month payer, you are billed at the start of each monthly billing cycle determined by the date on which you registered or subscribed to SimplePPC. You may cancel your subscription at any time. However, at the time of cancellation you must pay for the full period of service.
3.10 SimplePPC is under no obligation to remit refunds for subscription services and no such refund shall be provided, other than during the first 30 days of your subscription. Should you cancel during the first 30 days, SimplePPC will refund your initial payment. This applies solely to SimplePPC subscription charges. You remain obligated to pay any associated costs accrued to your Google advertising accounts. You must provide written notice to SimplePPC via email to support@SimplePPC.com should you elect to cancel your subscription.
3.11 All subscriptions Auto-Renew on the date that the subscription period expires. You will be advised by email 3 days prior to the expiration of your subscription that your subscription will be renewed and you will be provided the date of renewal. You may cancel your subscription any time prior to the renewal period by accessing your account through SimplePPC or by providing notice of cancellation by email via support@SimplePPC.com. Should you not provide cancellation notice by this time you accept the extension of your subscription. Your subscription period will be identical to the initial period to which you subscribed.
4. Authorization and utilization of your promotional materials
4.1 In order to provide SimplePPC's full suite of services we may request and/or you may provide promotional materials for your business such as company logos, pictures, images, diagrams, photos of employees, your office and/or your customers/patients. By providing us these materials, you warrant that you own the copyright, or have attained usage/release rights and any written approvals from the owners or photographic subjects of these materials. Furthermore, you agree that any legal violation of their use by SimplePPC on behalf of providing our services to you are your sole financial and legal responsibility and shall you shall indemnify SimplePPC per the terms found in Section 14.
5. Delivery of services
5.1 SimplePPC shall commence an initial campaign within 10 working days of your subscription. This may be delayed based on your ability to provide any specific promotional material required to create your campaign. You may approve of or reject delivered content and/or under certain conditions ask for improvements of the delivered content.
5.2 If you request, you may review the advertising and/or lead pages we create for your campaign and, under certain conditions, ask for changes or alterations. Such revisions must take place prior to launching the campaign.
Additionally, SimplePPC may determine the need to modify content in order to improve lead response or based on outside requirements from Google (or other advertising channels). SimplePPC will notify of these changes only if they significantly alter the design of your advertisements and/or landing pages. Otherwise, such changes are considered a normal process of campaign management and by agreeing to use SimplePPC, you agree to accept these changes.
6. Grant of Usage Rights
6.1 By subscribing to SimplePPC you grant and release SimplePPC the right to use and display your promotional materials (i.e., logos designs, images, etc.) on the advertising materials we create for you. You retain all rights of ownership and SimplePPC agrees not to use your promotional materials other than for the purpose of promoting your company. However, SimplePPC may request permission (that you grant in writing) to feature some of your materials as part of our portfolio. Granting such permission is solely up to you.
6.2 SimplePPC retains all rights to all materials it produces other than your specific promotional materials. For example, SimplePPC retains the rights to all lead page designs it produces, all email templates it creates and all display advertising it produces.
6.4 By subscribing to SimplePPC, you agree to prevent any unauthorized copying of SimplePPC created content. You represent and warrant that you will not illegally download, copy, or redistribute any of the content appearing on SimplePPC. You will be obligated to immediately destroy any information or content you have illegally downloaded, printed or otherwise copied from SimplePPC.
6.5 SimplePPC also warrants that any and all promotional images not provided directly by you and used on your behalf to generate leads is either owned, licensed, or SimplePPC has been granted usage/release rights to the materials.
7. Links and third-party advertising
7.1 SimplePPC may use links to other websites, including third-party advertising. We want to highlight that we are not responsible or liable for such other websites or for their Terms of Service. We do not screen or endorse such other websites. SimplePPC expressly disclaims any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through SimplePPC. Please carefully read the Terms of Service of every website to determine how these other websites offer and condition their goods and services. If you decide to access any such other websites, you do so entirely at your own risk.
8. Usernames and Passwords
8.1 If SimplePPC provides you a username and password these shall remain the sole and exclusive property of SimplePPC and are issued to you only in the form of a revocable license. You are required to keep your username and password confidential.
9. Copyright and Trademark Protection
9.1 All works and content included, contained or offered on SimplePPC, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of SimplePPC or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on SimplePPC. We will report and prosecute offenders of our copyrights to the fullest extent of applicable law.
9.2 All logos and other trademarks and service marks you may find on SimplePPC may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything that may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
10. Disclaimer of Warranty
10.1 The service of SimplePPC and all materials contained therein are provided on an 'as is, as available' basis without warranty of any kind, either express or implied, including but not limited to, any implied warranties of fitness for a particular purpose, quality, suitability, truth, accuracy or completeness, title, or non-infringement other than those which are implied by and incapable of exclusion, restriction or modification under applicable law in your jurisdiction. You expressly agree that use of SimplePPC or any of the materials contained therein is at your discretion and at your own and sole risk.
10.2 No oral or written information or advice given by SimplePPC or the employees or affiliates of SimplePPC shall create or imply a warranty or in any way increase the scope of liability of the owners of SimplePPC. SimplePPC makes no representations or warranties whatsoever about any other website which you may access through SimplePPC.
10.3 When you access another website through SimplePPC website, please be aware that it is completely independent; SimplePPC has no control over the content on that other website. SimplePPC is not responsible to you for any transmission problems of downloaded or otherwise used content of SimplePPC or any form of website downtime. SimplePPC does not warrant that SimplePPC will be uninterrupted, timely, secure, or error-free or that defects in or on SimplePPC will be corrected. You also acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of material or data that you may find in or on SimplePPC.
11. Limitation of Liability
11.1 In no event shall SimplePPC or its members, managers, officers, employees, agents, affiliates, and/or the assigns of same be liable to you, or any other third party for any direct, indirect, incidental, punitive, or consequential, damages, including, without limitation, damages for loss of profits or goodwill, business interruption, loss of programs or information, and the like, arising out of the use of or inability to use SimplePPC, the materials or any information, or transactions provided or offered on SimpleLead or downloaded from SimplePPC, whether such liability is asserted on the basis of contract, tort or otherwise, even if SimplePPC or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in or on SimplePPC, the materials and/or listings or information downloaded, provided, or offered through SimplePPC.
11.2 Because some states and/or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, SimplePPC's liability is limited to the greatest extent permitted by law. In no event shall SimplePPC's maximum total aggregate liability for direct damages exceed the total fees actually paid by you for the services SimplePPC in any form for a period of no more than six (6) months starting from the accrual of the applicable cause or causes of action.
11.3 SimplePPC or its members, managers, officers, employees, agents, affiliates, and its assigns are in no way responsible for third-party services offered on or used by SimplePPC. The respective third party, for example, payment systems, etc. is solely responsible for its specific services. We do not warrant or represent any of its services in any way or form.
12.1 You agree to defend, indemnify, and hold harmless SimplePPC, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorney and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms of Service, including, without limitation, any breach by you of these Terms of Service. SimplePPC will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. SimplePPC may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
13. Force Majeure
13.1 SimplePPC is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond SimplePPC reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts, strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; and hacking, SPAM, or any failure of a computer, server or software.
14. No Agency Relationship
14.1 Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between you or any service providers to SimplePPC and the owner of SimplePPC. The rights and obligations of the parties shall be limited to those expressly set forth herein.
15. Termination of Subscription
15.1 Without limiting other remedies, SimplePPC may issue a warning or terminate your access to SimplePPC at any time, with or without advance notice or permission, if we believe you have breached any material term of these Terms of Service; we are unable to verify or authenticate any information you provide to us; we decide to stop operating SimplePPC entirely or parts thereof. You agree and acknowledge that neither SimplePPC nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to SimplePPC. After termination by us, re-registration of you as a user of or on SimplePPC is strictly forbidden. SimplePPC and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of SimplePPC. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.
16.1 Any notice required to be given under these Terms of Service may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on SimplePPC, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Notices by you to us shall be given by e-mail or other electronic messages unless otherwise specified in these Terms of Service. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, email server, or overnight delivery service.
17. Exclusion of certain international provisions
17.1 The owner of SimplePPC and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service.
18. Rights to Injunctive Relief
18.1 SimplePPC and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach of these Terms of Service, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
19. Attorney's Fees
19.1 In the event any party (you or SimplePPC) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Service or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
20. No Assignment
20.1 Neither these Terms of Service nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
21.1 If any provision of these Terms of Service shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Service will continue in full force and effect.
22. No Waiver
22.1 Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
23.1 Section and subsection headings of these Terms of Service are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
24. Consumer Rights Information - California Residents Only
24.1 This Section applies only to Californian residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Name of Service Provider:
Online Learning Partners LLC
55 Moray PL
Covington, GA 30014