Last Updated on 1 May 2022 by SEO Manager
Effective Date: 1/1/2022
General: By contracting for our services, you (Customer) represent and warrant that you are at least 18 years of age or older, that you have provided true, accurate, current and complete information, that you have the authority to enter into this agreement (Agreement) on behalf of a business entity and under this General Terms of Service, (TOS) you agree to be bound by the following terms and to comply with all applicable Federal, State, Local laws, rules, regulations and orders (Laws). YourLocalSEM.com, partners, affiliates, employees, agents (YourLocalSEM) provides local United States businesses with search registration and submission services (Services) to internet search engines like Google, Yahoo and other local search providers and directory providers (Providers). You agree to pay (Payment) any set-up fee(s) / recurring payments as required to begin / maintain your Service.
By making Payment to YourLocalSEM for the Services, you implicitly acknowledge to enter into this Agreement and TOS.
Modifications: YourLocalSEM retains the right to alter (add or remove) Providers included in this TOS at any time and the right to store and alter the provided content prior to submission to the local search providers. YourLocalSEM further shall have a royalty free, worldwide right and license to access, index, cache, and display the provided content.
You acknowledge that the use of this Service is solely at your own risk and you explicitly hold YourLocalSEM and Providers harmless under this Agrement.
Privacy: YourLocalSEM.com will not share your information with any businesses other than those who are affiliated with YourLocalSEM and/or Providers.
YourLocalSEM must share submitted business information with Providers. By contracting for services from YourLocalSEM and/or any of its affiliates, you are bound to the TOS, as well as the published terms of service of the Providers. YourLocalSEM reserves the right to update the TOS by posting updates on its website at any time. Any updates will be effective upon date of posting.
Many third-party search engines syndicate (Syndicators) their content to other search Providers. YourLocalSEM.com has no control over and offers no warranty or guarantee as to how or where syndication partners may use said information, including formatting of text or appearance.
Communication: You also agree by these TOS to waive any rights you may have under Laws or regulations limiting our telephone communications or methods. You further agree to accept communication from us by any means practicable, including via fax, email, cellular telephone, voicemail, ringless voicemail, auto-dialer, and/or SMS/text, (Correspondence) unless you notify us otherwise in writing. If you have any questions about these terms, please feel free to e-mail us at: email@example.com. YourLocalSEM may contact you in order to make payment arrangements to bring the account current. You also agree that we may use any and all methods of communication when contacting you regarding accounts that are in arrears.
YourLocalSEM’s standard practice is to provide all correspondence, notices and other relevant documents to you via the email address on file. It is your obligation to provide to YourLocalSEM a secure, up to date and confidential email address for these purposes and it is your responsibility to keep this email address current and to maintain copies of documents for your own files.
Website & Hosting: Subject to the terms and conditions of this Agreement, YourLocalSEM owns domains and creates intellectual property, including but not limited to web design, all of which is intended to achieve a highly positioned listing(s) in major internet search engines. You may also choose to have YourLocalSEM use your own existing website. If you choose this option, then you agree that YourLocalSEM is not responsible for the content of your website or any impact it may have on search engine placement. In the event you choose to have YourLocalSEM use your existing website, the fees for our packages that include that website will neither be pro-rated nor discounted by YourLocalSEM. You understand and agree that favorable search engine listings themselves are considered valuable intellectual property that shall be the sole property of YourLocalSEM. Throughout the term of this Agreement and beyond, YourLocalSEM possesses exclusive ownership rights to said intellectual property that has been created through YourLocalSEM’ time and efforts. As an internet advertising company, YourLocalSEM agrees to effectively lease said listing created by our efforts to you for a monthly fee. YourLocalSEM maintains the right to use any such intellectual property (whether audio, video, web content, information about your listing placement on internet search engines, etc.) in marketing or advertising materials for the benefit of YourLocalSEM. During the term of your agreement with us, YourLocalSEM shall use said listing for your exclusive benefit, and YourLocalSEM shall advertise your business by tailoring the specifics of the listing in order to direct customers to you. Once this Agreement has terminated and/or if you fail to pay fees to YourLocalSEM as required per the Agreement between the parties, we shall revoke all of your rights in said listing and in the benefits of said listing, and YourLocalSEM maintains the right to subsequently alter said listing in whatever manner YourLocalSEM chooses in our sole discretion, including the right to place banner ads and/or direct traffic from said listing elsewhere.
Harmless: By accepting our service you agree to indemnify and hold YourLocalSEM and its affiliated companies, officers, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service to the maximum extent allowed by Law, YourLocalSEM and its other affiliated companies, any of their officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how such damages may arise, including damages that may arise out of negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, YourLocalSEM and its other affiliated companies, any of their officers, directors or employees shall not have any liability for any losses arising from services that are not provided, not operational, or not accessible. Further, the limit of the liability will not in anyway exceed the amount of monies paid to YourLocalSEM or it’s affiliates.
Submission Process: YourLocalSEM shall act as an agent on your behalf when submitting your business information to local search providers. Providing incomplete, inaccurate, or otherwise incorrect information about your business and/or its location may result in your listing being rejected by the local search engines. In that event, no refund will be provided. However, you may be provided with the opportunity to correct the information in your listing and to have the information resubmitted.
While YourLocalSEM will make good faith efforts to submit your business information to local service providers within 30 days of receipt of payment, we cannot guarantee submissions will be accepted by the local search providers for inclusion in their index, nor what time frame is required for listings to appear. YourLocalSEM cannot guarantee or warranty how submissions will be displayed or ranked by the local search providers.
When a website is included in the package purchased, good faith efforts will be made to create and publish said website within 7 business days after processing the setup fee. When a marketing video is part of the package purchased, good faith efforts will be made to create and publish said website within 14 business days after processing the setup fee.
You represent to YourLocalSEM and unconditionally guaranty that the rights to all intellectual property (including, but not limited to, text, graphics, photos, designs, trademarks, logos, brands, or artwork) furnished to us for inclusion in the website is either owned by you, or that you have received lawful permission from the rightful third-party owners of said intellectual property for us to include in website. You will fully indemnify, hold harmless, protect, and defend YourLocalSEM from any claim or suit arising from the use of such intellectual property.
Payments: After payment of an initial non-refundable set-up fee, you agree to purchase services with the setup fee payment being made on the day of the sale. YourLocalSEM will then charge any credit card you have on file with YourLocalSEM (or any successor credit card originating from the same issuer) at the end of each monthly billing cycle. If your billing cycle ends on a Saturday or a Sunday, the payment could be processed on the Friday prior to the billing date. You acknowledge and agree that YourLocalSEM will automatically renew your subscription after the initial term ends under same terms and conditions as originally agreed to. You further understand that future monthly service fees may be subject to change, however YourLocalSEM will notify you of any changes to monthly service fee at least 10 days prior to the end of your billing cycle. State and Local taxes may be assessed based on state, city and county requirements.
Customers choosing to use a Prepaid credit/debit card (“Prepaid Card”) to pay for YourLocalSEM services certify that they are legally authorized to use said card. In addition, they agree to be billed for YourLocalSEM’ services 30 days in advance of services being provided. Customer authorizes YourLocalSEMs to charge any Prepaid Card on file with the Company in a recurring fashion every 30 days for the next month’s service charges. In the event Prepaid Card does not have sufficient funds to cover the next month’s charges, YourLocalSEM may immediately discontinue service to Customer, or may do so at any time thereafter. Customer also agrees that any advance monthly fee paid to YourLocalSEM by use of a Prepaid Card shall be deemed non-refundable in the event service is cancelled at any time for any reason.
Venue: Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey. All calls, which includes but is not limited to received, transferred and initiated calls, may be recorded for quality assurance, training, customer service and improvement. You specifically consent to said recording and no further consent is needed.
You expressly agree that the exclusive jurisdiction for any claim or lawsuit arising out of or relating to these Terms of Service or your use of services shall be filed only in the courts of Mercer County, New Jersey, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part(s) of these Terms of Service is/are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement is not assignable by you. All Communications regarding account management, billing, and/or any other matters regarding your account shall be conducted between YourLocalSEM and you, or between YourLocalSEM and your company’s authorized representative if the identity of said representative is provided to us and authorized in writing by you. In the event no authorized representative is designated, then the principle credit card account holder shall automatically be designated as the sole authorized representative on said account.
Cancellation Policy: Recurring charges may be cancelled by having the authorized credit card holder contact YourLocalSEM Customer Service Department at 855-515-5544. No written e-mails or letters of cancellation will be accepted.
Refund Policy: No refunds are given for services contracted for as work shall commence immediately upon initial fees being processed. Recurring service fees are paid for in arrears.
Please keep this billing date in mind to avoid any additional fees. Should you decide to discontinue service it is possible that a final payment will be due at that time.
Late fees and collections: Late fees per month shall be assessed for each account that is past due. If the account is more than 60 days past due, a collection fee assessed at 30% of the past due amount will be added to the total amount due in addition to any late fees due. This collection fee and any late fees will be charged to your account in addition to a reinstatement fee that is the equivalent to your monthly recurring charge if you re-subscribe for services.
Late fees shall be assessed as follows:
- 1st Late Fee: 15% of the amount past due will be assessed to the account 11 days after the scheduled due date. (YourLocalSEM will gladly evaluate waiver of this 1st Late fee if your account is brought current within 21 days of the scheduled due date).
- 2nd Late Fee: An additional 15% of the total amount that remains past due will be assessed 30 days after the scheduled due date.
- Should collection activity have to continue, YourLocalSEM may add additional fees that will be assessed to the total amount that remains due and owing.
Prohibited: Businesses that specialize in adult-oriented entertainment, illegal products or services, incorporate images or content that are potentially harmful, threatening, obscene, offensive, harassing or otherwise objectionable, or promote harassment or disparagement based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, or age, (Objectionable Material), your agree that YourLocalSEM’s sole discretion, may not be accepted for submission into search engines. You further agree, that at no time, any Objectionable Material will be posted / processed by you or your employ and in such event, you will hold YourLocalSEM and Affiliates, Partners, Providers harmless.
Acts of God: YourLocalSEM shall not be considered responsible for acts beyond its control including, but not limited to, acts of God, power outages, earthquakes, or other disasters.
You agree to abide by these General Terms of Service.
- We are a transparent service Provider. With YourLocalSEM, you can easily find out how users are interacting with your business online properties which YourLocalSEM manages, including stats like number of views and clicks on your business listing on Google.
- While we continuously work to place your business on the Google Search Result Page, we do not guarantee the order in which your business appears on Google Search on Maps. You can learn more about local search ranking on our website, YourLocalSEM
- YourLocalSEM is an independent entity: we do not work for Google or any Provider. If some other third party representative claims to be employed by Google, ask for their name and request that they email you from their @google.com (not @gmail.com) email address.
- We do not remove your business from Google or access your listing without your explicit permission.
- Straightforward pricing. Before agreeing to work with YourLocalSEM, you will get an Invoice and / or a link of your Agreement by text message or email. We will never charge you a different price than the one you agreed on.
- We will investigate your alerts about any possible malicious activity on your account and, if necessary, take appropriate action.