TERMS AND CONDITIONS FOR Use of Services & ProductS

 DEVILS RIDGE MARKETING AKA DRM IS THE LLC COMPANY with the  DBA name PAWSITIVELY PERFECT WEBSITES

Conditions of Using Our Products & Services

Revised June 2024

© All rights reserved.

TERMS AND CONDITIONS FOR WEBSITE USE

 

Conditions of Using Our Website Conditions of using our website

1. This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

2 .A wide range of intellectual property rights are used in and relating to this website, including:

a. the trademarks and logos;

b. the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and

c. all the software used in relation to this website.

We are the owner or the authorized licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.

About these conditions

4. If you access or use any part of this website you agree to these conditions. If you do not want to agree to these

conditions, do not access or use this website.

5. We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.

Using this website

6. We collect and use information in line with our Privacy Policy . By using this website, you agree to the way in which we

collect and use your information.

7. You cannot use this website:

7a. for any unlawful purpose;

7b. to send spam;

c. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;

d. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;

e. to tamper with, update or change any part of the website;

f. in a way that affects how it is run;

g. in a way that imposes an unreasonable or disproportion-ably large burden on our or our suppliers’ communications and technical systems as determined by us; or

h. using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

  If you provide content for this website

8. If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”), you agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites. By posting ratings and reviews, you agree to our Guidelines for Ratings and Reviews.

9. You own your User Content at all times, and you continue to have the right to use it in any way you choose.

10. By providing any User Content to the Website you confirm that your User Content:

a. is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;

b. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;

c. does not take away or affect any other person’s privacy rights, contract rights or any other rights;

d. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;

e. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;

f. will not contain any form of mass-mailing or spam.

11. If you do not want to grant us the permissions set out above, please do not provide any material to the Website

12. We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.

13. We do not edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

If you send a message through this website

14. This website is provided by DEVILS RIDGE MARKETING LLC. (“DEVILS RIDGE MARKETING”). DEVILS RIDGE MARKETING shall have the right to scan messages sent using the contact form on this website manually and automatically and to store such messages. Any personal data you include in such messages may be (a) used by DEVILS RIDGE MARKETING for purposes reasonably associated with provision of this website and services, (b) disclosed where disclosure is required by law, and (c) used where any of your actions have breached these Conditions of Use. Personal data may be used by DEVILS RIDGE MARKETING in an aggregated form as permitted by applicable law.

Disclaimers

15. You use the website at your own risk.

16. You should not rely on the website for advice.

 17. As far as the relevant laws allow, we do not guarantee that:

a. there will be no problems with how you use the website; or

b. the computer or server you use to log on to the website is free of viruses or other harmful programs.

 

Limits to our liability

18. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured

because of our negligence or because we have committed fraud.

19. Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organization involved in creating, producing, maintaining or distributing the website be liable for any loss of:

a. profits;

b. business or business opportunities;

c. savings you expect to make;

d. goodwill;

e. use of, or corruption to information; or

f. information.

20. If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

a. using or relying on the website;

b. not being able to use the website;

c. any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;

d. theft, destruction of information or someone getting access to our records, programs or services without our permission;

e. goods, products, services or information received through or advertised on any website which we link to from this website; or

f. any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.

The whole agreement

21. These conditions make up the whole agreement between you and us in how you use the website. If a court decides

that a condition is not valid, the rest of the conditions will still apply.

The law

22. The laws of the state we reside in (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state our business resides in, by using the website you agree that the laws of the state we reside in and will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/ or state that you live in.

Revised June 2024

© All rights reserved.

Terms Of Service Use For Website Design

 

Terms and Conditions of Using Our Website Design Service

1. Services Provided by PPW

  • PPW

2 . Warranty of Ownership/Control For Custom Website Design

3. Warranty of Ownership/Control For Template Website Design

4. Warranty of Ownership/Control Third Party Licensing

  • PPW uses licensed software in the design of your website and to perform functions such as sending forms. Software Licensing access paid for by PPW will not move with a website off the companies server. These third party licenses such as WP Forms Elite, Divi, AIO SEO pro, Use Any Font, and so on, are a service included with yearly hosting, or billed for separately. If any of these 3rd party licenses are used in the creation of your website, and you elect to move your site to another hosting environment, the licenses keys will be removed from the website, and the Client will be responsible to purchase these licenses privately in order to execute those functions by the licensed software, and continue to receive updates to those themes/plugins/3rd Party Software.

5. Warranty of Ownership/Control Domain

  • PPW guarantees the Client owns any and all domains purchased for them by PPW. The Client has the right to request transfer of any and all domains off the PPW Server at anytime for any reason. PPW guarantees to procure a transfer out code for any and all Client domains within a timely manner after requesting in writing/email by the Client. Timely manner will be set forth as 7 calendar days from the day the Client emails the request. If the Client is past due on any invoicing, no domain transfers will be approved until invoicing is brought current.

6. Work For Hire

  • Any Custom Design work produced by PPW for Client shall be deemed “work for hire” as that term is construed in copyright law. “Work for Hire” as construed in copyright law does not apply to the purchase of any services or work on Website Templates. Client will own all rights to use the work for any purpose once PPW’s work has been delivered to, accepted by and paid for in full by Client. To the extent that the work is not deemed work for hire, once the work has been delivered to, accepted by and paid for in full by Client, DRM grants Client a worldwide royalty free license to the work. Provided, however, that any such license shall not be deemed to create a license or right to use any work that is owned or controlled by any other person or entity beyond the rights to use and control that work as granted by the other person or entity.

7. Billing and Payment by Client

  • All invoices submitted by PPW to Client are due upon receipt or the due date given on the invoice. They are considered past due if not paid within 15 days of the invoice. Any sums past due will be charged a late fee at the rate of 2% per month charged in advance on the first day past due. For instance, if an invoice for $100 is presented to Client on the first day of the month, it is due before the close of business on the fifteenth of the month. If it is not paid, on the sixteenth of the month the late fee of 2% is immediately added to the invoice making the total due on the sixteenth $102. The late fees are charged each succeeding month the invoice remains unpaid and are charged on the total amount (including prior late fees) then due. If PPW elects to take legal action to collect the amounts due from Client, PPW may recover any costs, fees (including attorneys’ fees) or expenses incurred in the collection, regardless of whether it actually files a lawsuit. Further, PPW may elect to defer, postpone or terminate all work on Client’s project if timely payment is not received from Client. Any payment by the Client sent to PPW will be considered acceptance of adequate and acceptable design work. It is the responsibility of the Client to make all change requests within the “Scope Of Work” set forth and to verify that design work including functionality and visual look, prior to making final payemnt.

8. Client Materials/Input/Feedback.

  • Most projects undertaken by PPW require certain materials, Client input or Client Feedback in order to progress. If Client fails to provide such materials, input, or feedback after having been requested by PPW to do so, PPW may elect to defer, postpone or terminate work on the Client’s project until the materials, input or feedback are received from Client. The delay caused by Client’s failure to provide the materials, input or feedback shall be automatically added to the projected delivery date for the project.

9. Confidential Information

  • Confidential information (“CONFIDENTIAL INFORMATION”) shall mean any and all information disclosed previously, presently, or in the future by either party to the other, either directly or indirectly, in writing, orally, presentation, or by inspection of objects, including without limitation, data technology, research, inventions, patent applications, copyrights, trade secrets, know-how, works of authorship, sketches, drawings, designs, models, procedures, machines, typing, equipment, reports, customer names, plans, forecasts, prices, business information, product information, financial information, marketing information, sales information, employees names, supplier names, third-party confidential information, and the like. To the extent practical, CONFIDENTIAL INFORMATION shall be disclosed in documentary or tangible form marked “Confidential” and/or “Proprietary”; provided however, that whether or not so marked, CONFIDENTIAL INFORMATION in any form will be subject to the terms of this AGREEMENT if notified verbally, visually, or may reasonably be known by the disclosing party to be treated by the receiving party as confidential and/or proprietary.

10. Non-Use and Non-Disclosure of Confidential Information

  • The parties shall not use any CONFIDENTIAL INFORMATION for any purpose except for the purposes expressly stated within this AGREEMENT. The receiving party shall not disclose any CONFIDENTIAL INFORMATION to third parties unless approved in writing in advance by the disclosing party unless the person to whom the disclosure is made owes such duties of confidentiality that further disclosure of the CONFIDENTIAL INFORMATION is prohibited (e.g. attorney-client privilege). The receiving party shall not copy, extract, reverse engineer, disassemble, or decompile any documents, materials, prototypes, software, or other objects, which are found within the CONFIDENTIAL INFORMATION.

11. Exceptions to Restrictions

  • The obligations of the receiving party of non-use and non-disclosure set forth herein shall not apply to any portion of CONFIDENTIAL INFORMATION which (a) was publicly known and made generally available in the public domain prior to disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by receiving party’s files and records prior to the time of disclosure; (d) is obtained by receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by receiving party without use of, or reference to the CONFIDENTIAL INFORMATION as shown by documents and other competent evidence in receiving party’s possession; or (f) is required by law to be disclosed by receiving party, provided that receiving party gives disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

12. Maintenance of Confidentiality.

  • The receiving party shall take reasonable measures to protect the secrecy of and avoid unauthorized use and/or disclosure of CONFIDENTIAL INFORMATION. Receiving party shall not make any copies of the CONFIDENTIAL INFORMATION unless approved in writing in advance by the disclosing party. Receiving party shall reproduce disclosing party’s confidential and proprietary rights notices on any such approved copies in the same manner in which such notices were set forth in or on the original.

13. Rights Upon Threatened Disclosure.

  • The disclosing party may seek equitable relief upon any threatened disclosure of the CONFIDENTIAL INFORMATION. Such relief includes but is not limited to a temporary restraining order, preliminary injunction or permanent injunction. In the event that such relief is sought, the parties stipulate that the disclosure of the CONFIDENTIAL INFORMATION will cause permanent and irreparable harm that cannot be compensated through simple damages. The parties further stipulate that the court may grant the relief without requiring a bond or any other form of surety from the party seeking such relief.

14. Non-Solicitation (Employees/Contractors).

  • During the term of this AGREEMENT and for a period one (1) year from the date of the termination of this AGREEMENT, the parties shall not, individually or with others, directly or indirectly (including without limitation, individually or through any business, venture, proprietorship, partnership, or corporation in which it controls or owns any interest, through any agents, through any contractors, through recruiters, by their successors, by its employees, or by its assignees) recruit or solicit any employee, contractor, or consultant or induce any employee, contractor, or consultant of the other party hereto to leave that party.

15. Non-Solicitation (Clients/Customers).

  • During the term of this AGREEMENT and for a period one (1) year from the date of termination of this AGREEMENT, neither party shall, individually, or with others, directly or indirectly (including without limitation, individually or through any business, venture, proprietorship, partnership, or corporation in which it controls or owns any interest, through any agents, through any contractors, through recruiters, by their successors, by its employees, or by its assignees) recruit or solicit any client, customer, or other person or entity transacting business with the other PARTY hereto to cease transacting such business with that PARTY.

16. Notices

  • Notices and invoices shall be transmitted by email to the person/s at the email addresses specified in the Scope of Work. The notice or invoice shall be deemed received by the party on the day sent unless the sender receives an automatically generated message that the delivery has failed.

17. Waiver of Damages..

  • Each of the parties hereby waives any right to claim or collect any damages in excess of the total amount of the contract between the parties. By way of example, if the contract calls for services in the amount of $5,000, the amount that either party could collect from each other (except for the addition or attorneys’ fees incurred in collection) would be $5,000. The parties agree that this limitation of damages is a significant consideration in the formation of their agreement, and that they would not have entered into this agreement but for the limitation on damages. THE PARTIES SPECIFICALLY WAIVE ANY RIGHTS TO CLAIM CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF THE OTHER PARTY HAD INFORMED THE PARTY OF THE FACTS AND CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH A CLAIM.

18. Mandatory Mediation.

Any dispute between the parties must be submitted first to mediation before any court action may be taken. This requirement reflects the parties’ belief that less formal dispute resolution is better, more efficient and generally less costly in terms of both time and money. If mediation is unsuccessful and the mediator provides written notice of the failure of the mediation, the parties may proceed with legal action subject to the rights and limitations set forth above.

19. Independent Contractor Status.

  • PPW is an independent contractor. Nothing in this agreement may be construed to give either party the ability or authority to bind the other to any agreement with any other person/entity. DRM shall maintain its own books and records with respect to the project and its own operations, pay its own taxes and comply with wage and employment laws and regulation without oversight, input or control by the Client.

20. Form/Agreement Templates

  • During any time of the ongoing professional or non professional relationship between the Client and PPW there will be agreements, forms, and documents made available to the client. These forms or agreements are not guaranteed to be legally upheld in a court of law, or professional in any capacity. PPW does not guarantee these forms for any state or location and its applicable local and federal laws. If the Client does, or does not, make any changes to the contract templates provided by PPW they are legally liable for any litigation that arises as a result of the use of these contract templates. The Client releases PPW and any of its officers, officials, or representatives from any and all liability in regards to the use and execution of the Legal forms used by the Client. Furthermore, the Client is hereby notified that it is the professional recommendation of PPW that the Client utilize a legal professional to determine the legality of the forms and contracts used on the website.

21. Designed & Developed By

  • The Client agrees to maintain the text at the bottom of the website “Designed and Developed By Pawsitively Perfect Websites”. The text format must be reasonably legible. The text must a color that is reasonably easy to see and read without magnification. The client agrees to maintain a link within the text to PPW’s website. The link contained in the text will be “https://pawsitivelyperfectdogbreederwebsites.com”. If the Client’s total invoice within 1 calendar year exceeds $10,000 US Dollars, and the Client is current on all invoices issued to the Client, the Client will not be required to keep and maintain the text or the link. The client will have the option to have the link at the bottom of the site removed by paying a fee of 20% of their initial Web Design cost. The Client agrees to maintain the text even if the design and site is moved off of our server onto another server provider.

22. Mutual Non-Disparagement.

  • Mutual Non-Disparagement: Both parties agree not to make public negative statements or communications disparaging the other party or it’s agents, products, members, directors or officers. Public communications also include electronic platforms. The “Client” (Including its agents, members, directors and officers) agrees not to make public negative or disparaging statements or communications about PPW. This clause is not violated when statements and evidence is required in response to legal proceedings in which both parties have agreed to subject themselves to resolve a dispute outside the boundaries of this contract. Including, but not limited to, evidence supplied for court filings, depositions, and hearings.

23. Agreement To Terms of Service

  • Purchase of any product or service on this website is done in consideration, agreement to, and acknowledgment to having read all the terms and conditions on this page.

Revised DECEMBER 2023

© All rights reserved.

Terms Of Service Use For SEO Package

 

Terms and Conditions of Using Our SEO Service

1. Scope of Services

Service Provider agrees to provide the following SEO services to the Client:

  1. Initial Setup and Annual Renewal
    • Initial Setup Fee: $1,000 (One-Time)
    • Annual Renewal Fee: $150 (Renews Yearly)
  2. Included Services:
    • Site Purpose Alignment: Setting the site purpose relevant to the Client’s location.
    • Cornerstone Content: Creation of 2 pages of cornerstone content with 1-3 keyphrases.
    • Heading Paragraphs: Creation of a heading paragraph for the 2 cornerstone content pages with selected keyphrases.
    • AIO SEO Plugin Installation: Installation of All In One SEO Plugin Elite Version for 1 year.
      • Note: Access to AIO SEO Plugin will be billed to the Client Yearly at $150.
    • Informational Content: Creation of 2 pages of informational content relevant to the breed and a set keyphrase for each page (e.g., coat care or health concerns).
    • Google Search Console: Launch of Google Search Console and Google Crawl request for the 2 cornerstone pages and the 2 content pages.
    • Site Map Creation and Submission: Creation of the Site Map and submission to Google, including a sitemap footer link.
    • Site Optimization:
      • Serving images in next-gen web p format.
      • Server caching optimization for speed and Google SEO page score increase.
    • Keyphrases in Image Metadata: Inclusion of keyphrases in image metadata for all 4 pages.
    • Meta Descriptions and Tags: Provision of meta descriptions, featured link images, and proper h1-h4 tags for all 4 pages.
    • Footer Links: Addition of footer links to the 2 supporting content pages.
    • Client Access: Provision of client access to Google Search Console to view data.
  3. Additional Services:
    • Additional SEO Pages: $250 per additional SEO page, which includes key phrases and a footer link to the page.

2. Payment Terms

  • Initial Payment: The Client agrees to pay the initial setup fee of $1,000 upon execution of this Agreement.
  • Annual Renewal: The Client agrees to pay the annual renewal fee of $150, which will be invoiced yearly starting from the first anniversary of the initial setup.

3. Term and Termination

  • Term: This Agreement shall commence on the date first written above and shall continue for a period of one (1) year. It shall automatically renew for successive one-year terms unless terminated by either party with thirty (30) days’ written notice prior to the renewal date.
  • Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

4. Intellectual Property Rights

  • The Client retains all rights to the content and data provided by the Client.
  • The Service Provider retains all rights to the SEO strategies, methodologies, and processes implemented under this Agreement.

5. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information and data exchanged in the course of executing this Agreement. Such confidentiality shall extend beyond the termination of this Agreement.

6. Limitation of Liability

The Service Provider’s liability under this Agreement is limited to the total amount of fees paid by the Client for the services provided under this Agreement. In no event shall the Service Provider be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the services provided under this Agreement.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.

8. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

9. Non-Payment

If the Client fails to pay the annual renewal fee within thirty (30) days of the due date, the Service Provider reserves the right to suspend all services until payment is received. Continued non-payment beyond thirty (30) days may result in the termination of this Agreement, at the discretion of the Service Provider. The Client will be responsible for any costs incurred by the Service Provider in collecting overdue payments, including but not limited to legal fees.

  • Any Purchase of any product or service on this website is done in consideration, agreement to, and acknowledgment to having read all the terms and conditions on this page.

Revised June 2024

© All rights reserved.