Legal Disclaimer

PositionMEonline's Services and Products
Warranties and disclosures in relation to using the services offered on and technology sold through this website by PositionMEonline.

Thank you for using the PositionMEonline.Com Website (the "Website") which is provided by Hillier Pty Ltd trading as PositionMEonline (the "Company"). As is highlighted again in the Alliance page, PositionMEonline is a strategic partner with the renowned Chicago-based organization Position Technologies, Inc (the "Technology Vendor") and has the exclusive Position Pro distribution rights to Australia/New Zealand.

Information pertaining to the use of the optimization technology we offer has been extended as a back-to-back warranty of liability from Position Technology recognizing the Company as an agent with rights and responsibilities determined by prior written agreement. » [Next Page] Website Terms and conditions

Section One. Recitals

The Technology Vendor offers the Position Pro Technology as a Search Engine Relationship Management Service on its websites in the United States and throughout the world. The Technology Vendor has selected the Company to establish an independent website tailored to a specific geographic area that will feature the Position Pro Technology.

Section Two. Definitions

"Customer(s)" means an entity that contracts with the Company to have the Position Pro technology and/or complementary optimization service performed on its behalf.

"Customer Information" means the data collected by the Company when the Customer contracts with the Vendor and any further information collected or derived relating to the particular Customer. Specifically, Customer information shall necessarily include all data required to (a) perform the service for Customers; (b) administer the relationship between Company and Customer (including Customer accounts and login information); and (c) Collect payment from the Customers.

"Geographic Region" means Australia and New Zealand.

"Position Pro Service" means the basic service described on PTI's website at http://www.positionpro.com. Specifically, the Position Pro Technology includes crawling root domains and sub-domains, spidering URLs, submitting URLs to Internet search engines, and ability to generate ranking reports and statistics related to URLs. PTI reserves the right to modify this Technology at any time provided that such modifications are consistent with the operation of its Technology it offers to other geographic regions.

"Search Engine Relationship Management Service" ("SERM Service") is a generic name for the services provided by Vendor under the Trademark "Position Pro."

"Uniform Resource Locator" ("URL") means a web address consisting of a protocol, a host name and either a port, a directory, or a file name.

Section Three. Vendor Rights, Responsibilities and Obligations

Best Efforts: Vendor agrees that it will use its best efforts to keep the services described operational at all times. However, any interruption in any of such services shall not violate the terms of this Agreement, unless (a) the interruption of service is limited to Company's Customers only, and (b) the interruption is within the sole control of Vendor.

Section Four. Post Customer Engagement Matters

Company will be responsible for all support services including responding to client inquiries and providing tips to Customers to improve their website's ranking. Vendor will not have direct contact with Customers other than hosting the pages on which their reports will be accessible. Please note that reports are provided only with specific products on offer.
All information collected by Company as part of the registration and any subsequently collected account information will belong to Company and will not be used by Vendor, except to perform the Position Pro Service and meet the reporting obligations specified herein.

Section Five. Limitation of Liability

The Position Pro technology shall submit the Domain Names of Company's Customers and the URLs contained therein to search engines selected by the Customer as reported by the Company or by Company's website. Customers are solely responsible for obtaining favorable search engine rankings and PTI shall not be responsible for poor search engine rankings. Company shall not make any representations that suggest otherwise.

Neither PTI nor Company shall be responsible for, nor be in default under this Agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Customer's receipt of the Service data. We shall not be responsible for nor in default due to acts or causes beyond our control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power disruption, earthquakes, or other disasters.
Vendor and Company liability under this Agreement from and any and all causes, including but not limited to, program malfunction or operational negligence, shall be limited in damages in an amount not to exceed its pro rate share of the total charges paid by Customers for the services during the most recent twelve (12) months. Such limitation shall be PTI's liability regardless of the form in which any legal or equitable action may be brought against PTI or the Company, and the foregoing shall constitute both Customers' and Company's sole remedy. In no event will either party be responsible for lost profits, or special indirect, incidental or consequential damages which Customer experiences on account of the usage of the preferred Service.

Section Six. Disclaimer of Warranties

We do not warrant or represent that specific search engines will accept Customer's URLs. Search engines may be unavailable for submissions, and we do not warrant or represent that search engines will always be available for submissions. We do not represent or warrant that Customer's URLs will achieve a favorable position, or any position within search engines. Other than as set forth herein, we expressly disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.

The Company and Vendor represent and warrants that (i) we are authorized to do business under the rules of the state and country in which we are incorporated; (ii) we are authorized to enter into this Agreement and to perform our obligations; (iii) the materials provided by us, including those in connection with the Service, (a) do not infringe or violate any now-issued patent, copyright, trade secret, trademark, or other proprietary right; (b) does not violate any applicable law, statute, ordinance or regulation; (c) are not defamatory or libelous; (d) are not lewd, pornographic or obscene; (e) do not violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) do not promote violence or contain hate speech; and (g) do not contain viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.

Section Seven. Protection of Information

Privacy statement whilst the Company has taken all reasonable steps to ensure that the information you provide will be kept secure from unauthorized access, the Internet is not a secure environment. The Company cannot guarantee that the information will be secure during transmission to our web server.

All Intellectual Property Rights (IPR) rights in connection with the WEBSITE shall vest exclusively in the Company and no part hereof may be reproduced, broadcast or transmitted in any form or manner by any means whatsoever or stored in an information retrieval system without the written permission of the Company.

Section Eight. Return and Refund Policy

After the purchase and payment for the use of the Position Pro technology products; if for whatever reason the Client is not 100% satisfied and has not clicked on the submit button (which submits web information into a queue process to be spidered by search engines), PositionMEonline will refund the entire price of your subscription minus an administrative fee of not more than 10% of your total subscription amount.

For PMO Services, if for whatever reason the Client is not 100% satisfied before the acceptance process (where Company produces an initial report, demonstration of work done, effectiveness of service, and a description of the scope of services purchased; and uses this information to seek Customer acceptance), PositionMEonline will refund the entire price of your subscription minus an administrative fee of not more than 20% of your total subscription amount. After this acceptance process, the refund of any monies will depend solely on the discretion of the Company based on individual circumstance.
Please contact us with any questions you may have regarding our services & products disclaimer.
» [Next Page] Website Terms and conditions