Terms of Use

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Terms and conditions of uppercutseo.com (UppercutSEO, Inc). ​​

These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner, Tom Desmond.

You Accept

Upon accessing or using UppercutSEO’s Platform, you agree to be bound by the Terms of Use and Privacy Policy outlined in this Agreement. UppercutSEO may amend these terms. If you disagree with these terms, please discontinue using the Platform.

User Accounts

Users must register and provide truthful and accurate information to access the Platform. We reserve the right to verify credentials and reject any users. Users are responsible for maintaining the confidentiality of their accounts and must notify us of any security breaches. If registering on behalf of a company, users must be authorized by that company to create an account. UppercutSEO is not liable for any losses incurred from unauthorized account access.

Access and License

Upon proper registration, users are granted revocable, limited access and use UppercutSEO’s Platform and services. This access does not confer ownership of any part of the Platform. UppercutSEO reserves all rights not explicitly granted. Breach of usage guidelines may result in access revocation and restriction at our discretion. We may also restrict access if we believe a user’s actions may harm our clients or business interests. Failure to revoke or restrict access does not waive user misconduct.

UppercutSEO Website Content Ownership and Intellectual Property Rights

The content on this website is the property of the Owner or its licensors unless explicitly stated otherwise or easily identifiable.

We are dedicated to ensuring that the content on this Website complies with all legal rules and respects the rights of third parties. While we strive for complete adherence, it might not always be possible. If you come across any instances of violations, we encourage you to report them to [email protected].

The Owner reserves Intellectual Property Rights: We retain all intellectual property rights over the content on this Website. Users are strictly prohibited from utilizing this content in ways beyond what is necessary or implicitly required for using our services appropriately.

To be more specific, Users are not allowed to copy, download, alter, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or assign the content to third parties. Additionally, Users are responsible for ensuring that no third parties unknowingly engage in such prohibited activities through their devices.

However, there are certain instances where Users may be permitted to download, copy, and share content solely for personal and non-commercial purposes. This permission is granted as long as Users adhere to the copyright notices and any other attributions specified by the Owner.

It’s essential to acknowledge that any legal limitations or exceptions to current copyright law remain unaffected by this policy.

Our Services

UppercutSEO provides SEO services through the Platform. Although UppercutSEO is not responsible for adverse changes to a user’s website or for search engine policies that may exclude a user from a directory or search engine.

UppercutSEO cannot guarantee or promise any position change, fixed position, or position increase for any keyword or search term, nor can it guarantee any profits or business increase.

UppercutSEO has no control over search engines’ actions or inactions related to a website’s ranking. By using the services offered via the Platform, you release UppercutSEO from any liability and acknowledge that any service or information on the website or the Platform may be inaccurate, unsubstantiated, or incorrect.

Link Building with UppercutSEO

At UppercutSEO, we have established partnerships with many website owners, which allows us to secure publishing placements on their websites for our clients. While we do not own these websites, we have been granted permission to publish content on them. However, it is important to note that the quality and stability of these websites are beyond our control, and we cannot be held responsible if they go down or are penalized in any way.

As a result, we cannot offer refunds or guarantees for our link-building services or published content after 30 days from the date of purchase. Please understand and acknowledge these terms before proceeding with our services.

Anchor Text

Even though we offer anchor choice options, we cannot ultimately control the webmaster’s final decisions regarding the text they use to place your link. If you made a specific anchor text request, and the website owner did not honor it, contact us, and we’ll reach out on your behalf to see if we can change it. This does not apply if you did not add a specific anchor text choice at the point of purchase.

Website Content Creation with UppercutSEO

At UppercutSEO, we believe in the power of thoughtful and well-researched content to drive your website’s success. We offer full AI, hybrid AI, and premium “Website Content Creation.”

Our professional writers take the time to carefully research and craft each piece of content to meet your specific needs and goals.

We use AI technology for guest post creation and link insertion paragraphs. Our experience has shown that this method is highly reliable and effectively builds high-quality links promptly indexed by search engines.

By combining the best human writing expertise with the efficiency and accuracy of AI technology, we can provide you with the highest quality website content and link-building services.

We offer one revision to satisfy you with the final product. However, we do not offer refunds on our content creation services. We are confident in the quality of our work and are committed to delivering the best possible results for our clients.

Prohibited Reselling of Services

You are prohibited from reproducing, duplicating, copying, selling, or reselling any portion of the UppercutSEO website or its services without obtaining the express prior written permission of UppercutSEO, either directly or through an authorized reselling program.

User Responsibilities

By accepting these terms, you acknowledge and agree to adhere to the following obligations:
You shall not copy, distribute, or disclose any part of the Platform to unauthorized individuals.
You shall not attempt to compromise the integrity or security of the system or use unauthorized means to access the Platform or extract data.
You shall not abuse the Platform by sending an excessive number of messages beyond humanly reasonable limits.
You shall not modify, rent, sell, lease, loan, distribute, or create derivative works or improvements based on the Platform.
You shall not access the Platform to develop a similar or competing product.
You shall not use the Platform to store or transmit sensitive information that may pose risks.
You shall not infringe upon intellectual property or other contractual rights while using the Platform.
You shall not engage in unlawful or harmful activities using the Platform.
You shall not sell, distribute, or transfer access to the Platform unless explicitly enabled through its functionality.
You shall not interfere with or disrupt the normal functioning of the Platform.
You shall comply with all applicable laws and regulations while using the Platform.
You also agree not to hold UppercutSEO responsible for any consequences arising from your use of the Platform, and you shall not cause harm to any part of the Platform.

Privacy Policy

We value your privacy and have a Privacy Policy governing your platform use. By accessing and using the Platform, you consent to our privacy practices outlined in the Privacy Policy.

Platform Availability and Modification

Please be aware that we cannot assure continuous availability or uninterrupted functionality of the Platform. There might be instances where we need to suspend access or decline service to certain users at our discretion. We reserve the right to change or eliminate the Platform for various reasons, and we may not always explain such actions. This includes cases related to security or legal requirements.

Any updates or modifications we undertake are solely at our discretion and are not legally binding. We will strive to keep the Platform running smoothly, but circumstances beyond our control may necessitate adjustments, and we appreciate your understanding in such situations.

Payments

Certain services offered on the Platform may require payment, and it is your responsibility to cover all relevant costs, fees, and taxes associated with these services. By making a purchase, you authorize us or our third-party payment processors to charge your selected payment method accordingly. You understand that third-party payment processors handle these transactions, and you must agree to their respective terms and conditions.

To facilitate any transaction, you must provide accurate and up-to-date payment information. Failure to fulfill payment obligations may lead to the suspension or termination of your access to services on the Platform. Stay current with your payment commitments to avoid disruptions to your platform experience.

Taxes

Where UppercutSEO does not charge you taxes for any purchases, you agree to pay any applicable taxes for your use and purchase of the services. Additionally, where requested by us, you agree to provide us with tax documentation to support any claims of on-time tax payment.

Subscription Plans and Automatic Renewals

UppercutSEO provides Paid Subscriptions that are billed on a monthly recurring basis. When you purchase a Paid Subscription, you consent to automatic renewal until you decide to cancel.

You can cancel your subscription through your dashboard or submit a chat ticket to our support team. It’s important to note that certain parts of the Platform may become inaccessible once you cancel your Paid Subscription.

Please be aware that UppercutSEO bears no responsibility for any deleted, modified, or removed User Content that occurs after the cancellation or expiration of your Paid Subscription. Therefore, we recommend backing up any essential data or content before canceling your subscription to avoid unintentional loss.

Pricing and Price Increases

The pricing for UppercutSEO’s services and Paid Subscriptions can be found on the platform. Please note that UppercutSEO retains the right to modify prices without prior notice to users. UppercutSEO is not obliged to maintain original prices for any of its services or Paid Subscriptions and reserves the freedom to adjust prices as needed.

Refunds

UppercutSEO does not offer refunds for any Paid Subscriptions or paid services. However, we offer a 30 Day Satisfaction Guarantee and will work to rectify any dissatisfaction caused by our services. Please contact us by submitting a ticket within thirty (30) days of receiving your order report.

Estimates

UppercutSEO may provide Estimated Dates for delivery or completion of services, but these are not binding and may be modified, extended, or altered at UppercutSEO’s discretion.

UppercutSEO is not liable for failing to provide services before any Estimated Dates. Any statements by UppercutSEO employees regarding Estimated Dates are non-binding and do not alter contractual agreements.

UppercutSEO reserves the right to automatically approve orders waiting for client approval after ten days of inactivity.

Intellectual Property

UppercutSEO and all associated Marks, including the platform’s design, are owned by UppercutSEO and are subject to copyright and other intellectual property laws. Users are prohibited from using, copying, or distributing any platform content without express permission from UppercutSEO.

Disclaimer

UppercutSEO’s platform and all-encompassing services are offered “as is” and “with all faults,” with no assurances or guarantees. No part of UppercutSEO, including its workforce, management team, officials, appointees, or representatives, asserts or implies any warranties, affirmations, or endorsements regarding the platform, the details accessible through the platform, the services, or the protection connected to the transmission of information to or from UppercutSEO.

UppercutSEO expressly disavows all claims of warranty, encompassing but not confined to claims concerning merchantability, suitability for a distinct purpose, forfeiture of earnings, non-violation of rights, title integrity, customary practices, undisturbed possession, compatibility of systems, and immunity from malware.

UppercutSEO gives no assurance that the platform and its services will operate without disruptions or errors, and specifically denies any claims that the services rendered are precise, comprehensive, or valuable. Lastly, UppercutSEO provides no guarantee that utilization of the platform complies with the legal regulations of any specific jurisdiction, and all such guarantees are expressly refuted.

Limitation of Liability

To the fullest extent permissible under applicable law, UppercutSEO, along with its officers, directors, employees, and agents, shall bear no responsibility or liability for any direct, indirect, incidental, special, exemplary, or consequential damages, losses, or injuries of any kind whatsoever, whether foreseeable or not, arising from or connected to your access, use, or inability to access or use the Platform. This encompasses but is not limited to damages due to errors, inaccuracies, omissions within the Platform, personal or property harm, interruption of service, malfunctions, unauthorized access or use of our servers, spread of harmful programs like viruses or trojan horses, failures or interruptions in services, and actions related to third party intellectual property rights, including copyright infringements.

The aforementioned limitation of liability shall apply even if UppercutSEO has been advised of or should have been aware of the possibility of such damages.

The total liability of UppercutSEO for all claims, whether in contract, tort, or otherwise, arising from or related to your use of the Platform and our services, shall not exceed the total amount of fees that you have paid to UppercutSEO for access to or use of the Platform in the two-month period immediately preceding the event giving rise to such liability. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy herein.

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these limitations and expressly waive all other claims to the extent allowed by law. If you do not agree to these terms, you are instructed not to use the Platform or its services.

Indemnification

As a participant utilizing the UppercutSEO Platform, you voluntarily agree to defend, indemnify, and hold harmless UppercutSEO, encompassing its leadership, board members, staff, and agents, from and against all claims, damages, monetary losses, obligations, costs, or debts stemming either directly or indirectly from your use or engagement with the platform, any violation of this Agreement, your dealings with other platform users or third parties, or your infringement upon the rights of any third party. This obligation to defend, indemnify, and clear UppercutSEO of liability shall remain in force even after the termination of this Agreement. In addition, you undertake to bear our reasonable legal expenses, comprising, but not restricted to, lawyers’ fees, court charges, and other associated outlays. Should a claim arise, UppercutSEO retains the unilateral authority to engage in negotiations and reach settlements with the claimant, while you remain liable for any ensuing damages.

Copyright Protection

At UppercutSEO, we prioritize the proper handling of copyright infringement. Should you suspect that your content has been unlawfully utilized, please reach out to us through our chat system. Include your name, the copyright holder’s name (if different), a description and identification of the infringed work, the location on our platform where the suspected infringement can be found, and a statement expressing a good faith belief that the disputed use is neither sanctioned by the copyright owner nor permitted by law. Also, include a sworn statement affirming that the information in your notification is accurate and that you are either the copyright owner or have exclusive authority to initiate infringement proceedings. Our designated Copyright Agent will assess your claim and proceed with appropriate actions in compliance with the Digital Millennium Copyright Act (DMCA).

Response to Takedown Notice

If UppercutSEO issues you a DMCA takedown notice regarding content you’ve posted, you may reply by submitting a counter-notice conforming to the DMCA requirements. This counter-notice should encompass your name, address, email, physical or electronic signature, reference number of the notification (if available), identification of the content and its prior location, a sworn statement that the removal was erroneous or a result of misidentification, and your agreement to the jurisdiction of a federal court in your residential district (if in the U.S.) or where your internet service provider is based (if outside the U.S.). You must also consent to accept legal process from the party that issued the takedown notice. UppercutSEO will only act on your counter-notice if it rigorously meets the specified requirements. Adhere to the instructions contained within the takedown notice when submitting your counter-notice.

Choice of Law

The laws in force in Texas shall govern this Agreement. The offer and acceptance of this contract is deemed to have occurred in Texas.

Resolution of Disputes

Disputes arising in connection with your utilization of the Platform or our services will be settled via confidential arbitration in Austin, Texas. Such arbitration will be carried out in the English language, adhering to the Commercial Rules of the American Arbitration Association. The decision reached by the arbitrator will be conclusive and binding and may be registered as a judgment in any court possessing appropriate jurisdiction. Each involved party shall bear its own expenses related to arbitration. Any claims or legal actions concerning the use of the Platform or this Agreement must be initiated within one year from the date of the incident. Nevertheless, either party may pursue equitable remedies or assert a claim for nonpayment in a court with suitable jurisdiction. Issues regarding ownership or infringement of intellectual property rights will be exclusively determined by a court of appropriate jurisdiction, not through arbitration. If prevailing law prohibits dispute resolution through arbitration, or if the arbitration agreement is deemed unenforceable, all proceedings and conflicts shall be exclusively instituted in a court of competent jurisdiction located in Austin, TX.

Class Action Waiver

UppercutSEO and you agree that any legal proceeding to resolve a dispute, whether through arbitration or a court of law, shall be conducted on an individual basis only. You agree not to bring any dispute as a class action, collective action, representative action, or private attorney general action.

Severability

Should any clause within this Agreement be found to be illegal, conflicting with another clause, or otherwise unenforceable, the remainder of the Agreement will persist as if it had been executed without including that invalid provision.

In the event that two or more provisions of this Agreement or any other accord you might have with UppercutSEO are determined to be in conflict with one another, UppercutSEO retains the sole discretion to choose the provision that will continue to be enforced.

Non-Waiver

Under the terms of this Agreement and in accordance with relevant law, we retain all rights afforded to us. Any failure or decision on our part not to enforce a particular provision or provisions of this Agreement or relevant law at any time shall not be construed as a relinquishment or waiver of our right to enforce such provision in the same or varying circumstances at a later date.

Assignment and Survival

Per this Agreement, delegating your rights and duties to a third party is prohibited without securing our prior written approval. Conversely, we maintain the exclusive privilege to assign our obligations and rights under this Agreement to any other party at our discretion. It’s noteworthy that even following the conclusion of this Agreement, specific clauses will remain operative, including but not limited to sections pertaining to Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration.

Cancellation and Termination

You can terminate your Paid Subscription or account by utilizing the UppercutSEO dashboard or submitting a support ticket, with refunds governed by the specific refund provisions outlined in this Agreement. Terminating the account may result in immediate cessation of access to specific sections of the Platform. UppercutSEO retains the unilateral right to terminate this Agreement without the obligation to provide a prompt explanation if you are found to have breached applicable laws or the stipulations of this Agreement or have acted against our commercial interests.

Full Contractual Understanding

This Contract and the included Privacy Policy encapsulate the entire and conclusive mutual comprehension between both parties pertaining to the subject at hand. Any previous agreements or understandings, conveyed in writing or verbally, are thus overridden and replaced by this Contract. UppercutSEO confirms that any variations, alterations, or amendments to any clause within this Contract must be formally documented in writing and endorsed by the duly authorized representatives of both parties to be deemed valid.

Amendments

We reserve the right to modify this Contract from time to time. Upon instituting such amendments, we will refresh this page to reflect the alteration date or we may notify you of the changes via email. If you find the changes unacceptable, your recourse is to cease using our Platform and associated services immediately.

Digital Correspondence

UppercutSEO engages in electronic communication with you through various means, such as visiting the Platform, email dispatch, platform notices, or mobile alerts. Under this Contract, you consent to accept digital communications from UppercutSEO and recognize that these exchanges fulfill any statutory prerequisites for written correspondence. This shall not infringe upon your lawful rights.

Nature of the Relationship

The nature of the relationship between the parties is firmly established as that of independent contractors. Nothing in this Contract shall be construed to create a partnership, franchise, joint enterprise, agency relationship, fiduciary duty, or an employer-employee relationship between you and UppercutSEO.

California Users

This notice applies to users in California: Under California Civil Code Section 1789.3, any questions regarding pricing, complaints, or inquiries about UppercutSEO should be directed to our agent by submitting a support ticket.

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