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Terms And Conditions

Terms of Service

SPARK Local SEO Program

Effective Date: 11/26/2024
Owned and Operated by Mad Hat Media LLC
Based in Texas, USA

1. Acceptance of Terms

By enrolling in or using the SPARK Local SEO Program (“Service”), you agree to these Terms of Service (“Terms”) and any policies referenced herein. If you do not agree, you must discontinue using the Service immediately.

2. Overview of Services

Mad Hat Media LLC (“Company”) provides SEO reports, insights, and overviews for users’ websites to enhance their online visibility and performance. These reports and analyses are based on information collected from various sources, including but not limited to:

  • Google and its associated APIs
  • Bing, Yahoo, and other search engines
  • Third-party data scraping companies and tools

3. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Data Collection and Usage

4.1. Data Sources:
We gather information about your website from multiple sources, including public search engines, APIs, and third-party tools. By using the Service, you consent to our methods of data collection.

4.2. Use of Data:
You acknowledge and agree that Mad Hat Media LLC reserves the right to use any data, reports, or insights generated through the Service for the following purposes:

  • Internal analysis and research
  • Marketing and advertising campaigns
  • Business promotional materials
  • Case studies, testimonials, and other promotional content

Your data will be anonymized where required by law or when identifying information is not essential for our purposes.

5. Intellectual Property

All content, data, reports, and materials provided through the Service are the property of Mad Hat Media LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for your own website’s SEO purposes.

You may not:

  • Reproduce, distribute, or create derivative works based on our content without prior written consent.
  • Use the Service for unauthorized commercial purposes.

6. Payment Terms

6.1. Subscription-Based Service:
The SPARK Local SEO Program operates on a subscription basis. By enrolling in the Service, you agree to recurring monthly payments until you cancel your subscription. Your subscription will automatically renew each month, and the payment method on file will be charged accordingly.

6.2. Cancellation Policy:
Users may cancel their subscription at any time through their account dashboard. To ensure proper cancellation:

  • Navigate to your account settings and follow the steps to cancel your subscription.
  • Cancellation must be completed before the next billing cycle to avoid additional charges.

Failure to cancel through the account dashboard will result in continued charges, and Mad Hat Media LLC will not issue refunds for any payments processed.

6.3. No Refund Policy:
All payments made for the Service are non-refundable. This includes:

  • Charges made prior to cancellation.
  • Charges for partial months or unused portions of the Service.
  • Charges resulting from failure to cancel the subscription before the billing cycle renews.

6.4. Reverse of Work Clause:
The subscription fee paid by the user covers the time, expertise, and resources of Mad Hat Media LLC, not the ownership or delivery of any specific work product. Any SEO work completed, implemented, or published during your subscription may be removed, undone, or reversed at the sole discretion of Mad Hat Media LLC if:

  • Payments are not made on time.
  • The subscription is cancelled by the user or terminated by Mad Hat Media LLC for any reason.

By subscribing to the Service, you acknowledge and agree that no SEO work or results are guaranteed to remain in place after the subscription is cancelled or terminated.

6.5. No Ownership of Deliverables:
You understand and agree that the subscription is a fee for the time, effort, and expertise provided by Mad Hat Media LLC. It does not constitute a purchase of any deliverable work or guarantees of outcomes. All deliverables, insights, and results are subject to the terms of the subscription and may be removed or reversed upon termination or cancellation.

6.6. Responsibility for Payment:
It is the user’s sole responsibility to ensure that their payment information is accurate and up-to-date to avoid service interruptions. Mad Hat Media LLC is not liable for any fees, penalties, or overdraft charges resulting from declined payments or insufficient funds.

6.7. Changes to Subscription Fees:
Mad Hat Media LLC reserves the right to modify the subscription fees at any time. You will be notified of any fee changes in advance, and the new fee will take effect in the next billing cycle. Continued use of the Service after a fee change constitutes acceptance of the new fee.

6.8. Payment Authorization:
By enrolling in the Service, you authorize Mad Hat Media LLC to charge the payment method on file for recurring subscription fees. If your payment method is declined, we may suspend or terminate your access to the Service until payment is successfully processed.

6.9. Disputes and Chargebacks:
Users agree to contact Mad Hat Media LLC to resolve any billing disputes before initiating a chargeback with their financial institution. Initiating a chargeback without prior communication may result in suspension or termination of your account.

6.10. Taxes:
Subscription fees do not include applicable taxes, which may be added to your bill depending on your location and applicable laws. You are responsible for paying all taxes associated with the Service.

6.11. Termination by Mad Hat Media LLC:
Mad Hat Media LLC reserves the right to terminate your subscription for any reason, including but not limited to violation of these Terms or non-payment. Upon termination, you remain responsible for any unpaid fees.

7. Disclaimer of Warranties and Limitation of Liability

7.1. Disclaimer of Warranties:
MAD HAT MEDIA LLC PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • ANY DATA, REPORTS, OR INSIGHTS PROVIDED WILL BE COMPLETE, ACCURATE, OR RELIABLE.
  • ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.

7.2. SEO Results Not Guaranteed:
SEO results are inherently uncertain and influenced by numerous factors outside the control of Mad Hat Media LLC. As such, we make no guarantees or warranties about specific outcomes, rankings, or traffic increases from using the Service. Factors that can affect SEO results include, but are not limited to:

  • Changes to search engine algorithms (e.g., Google, Bing, Yahoo).
  • The quality, structure, and content of your website.
  • Your website’s technical health, including loading speed, mobile-friendliness, and security.
  • Competitor activities, such as their SEO strategies or website updates.
  • The age and domain authority of your website.
  • External backlinks and linking practices.
  • Geographic and industry-specific market conditions.
  • User behavior, including bounce rates, session durations, and conversions.
  • Your adherence to SEO recommendations provided in our reports.

You acknowledge that negative or bad results may occur due to factors beyond our control. These include, but are not limited to, penalties imposed by search engines, unexpected market changes, or improper implementation of recommendations.

7.3. No Refunds or Damages:
Negative or unfavorable results, whether temporary or permanent, do not warrant a refund or any form of compensation. By using the Service, you agree that:

  • You will not claim damages, financial or otherwise, against Mad Hat Media LLC for any outcome resulting from the use of our Service.
  • Refunds are not provided for any reason related to the performance or perceived effectiveness of the Service.

7.4. Exclusion of Liability:
To the fullest extent permitted by law, Mad Hat Media LLC, its officers, directors, employees, and affiliates shall not be liable for:

  • Indirect, incidental, consequential, special, or exemplary damages, including loss of profits, data, or business opportunities, arising out of or in connection with the use of the Service.
  • Damages arising from any interruption, delay, or failure in performance of the Service, even if we were advised of the possibility of such damages.
  • Any claims arising from third-party tools, services, or data sources used in connection with the Service.

In no event shall our total liability to you for all claims related to the Service exceed the amount you paid to Mad Hat Media LLC for the Service in the twelve (12) months prior to the event giving rise to the claim.

7.5. Assumption of Risk:
By using the Service, you assume all responsibility and risk for its use and reliance on the reports or insights provided. You are solely responsible for your business decisions and the implementation of SEO strategies based on our reports.

7.6. Indemnification:
You agree to indemnify and hold harmless Mad Hat Media LLC, its affiliates, and their respective employees, officers, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

8. Limitation of Liability

To the fullest extent permitted by law, Mad Hat Media LLC shall not be liable for:

  • Any indirect, incidental, consequential, or punitive damages
  • Loss of revenue, profits, or data
  • Any claim exceeding the amount you paid for the Service in the 12 months preceding the claim

9. Privacy

Your privacy is important to us. By using the Service, you agree to our collection, use, and sharing of information as described in our Privacy Policy [Insert Link].

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination, you remain liable for any fees due.

11. Modifications

Mad Hat Media LLC may update these Terms at any time. Any changes will be effective immediately upon posting. Continued use of the Service constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Contact Information

If you have questions about these Terms, you may contact us at:
Mad Hat Media LLC
support@madhatmedia.net

By using the SPARK Local SEO Program, you confirm that you have read, understood, and agreed to these Terms of Service.