TERMS & CONDITIONS
Last updated October 20, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. FEES AND PAYMENT
5. CANCELLATION
6. PROHIBITED ACTIVITIES
7. USER-GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. SUBMISSIONS
10. SITE MANAGEMENT
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
21. MISCELLANEOUS
22. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legallybinding agreement made between you, whether personally or on behalf of anentity (“you”) and Stupid Simple SEO, LLC ("Company", “we”, “us”, or“our”), concerning your access to and use of the nichefinder.io website as wellas any other media form, media channel, mobile website or mobile applicationrelated, linked, or otherwise connected thereto (collectively, the “Site”). Youagree that by accessing the Site, you have read, understood, and agree to bebound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMSOF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUSTDISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documentsthat may be posted on the Site from time to time are hereby expresslyincorporated herein by reference. We reserve the right, in our sole discretion,to make changes or modifications to these Terms of Use at any time and for anyreason. We will alert you about any changes by updating the “Last updated” dateof these Terms of Use, and you waive any right to receive specific notice ofeach such change. Please ensure that you check the applicable Terms every timeyou use our Site so that you understand which Terms apply. You will be subjectto, and will be deemed to have been made aware of and to have accepted, thechanges in any revised Terms of Use by your continued use of the Site after thedate such revised Terms of Use are posted.
The information provided on the Site is notintended for distribution to or use by any person or entity in any jurisdictionor country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement withinsuch jurisdiction or country. Accordingly, those persons who choose to accessthe Site from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is ourproprietary property and all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the Site “AS IS” for your information and personaluse only. Except as expressly provided in these Terms of Use, no part of theSite and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use theSite, you are granted a limited license to access and use the Site and todownload or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserveall rights not expressly granted to you in and to the Site, the Content and theMarks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrantthat: (1) you have the legal capacity and you agree to comply with these Termsof Use; (2) you are not a minor in the jurisdiction in which you reside; (3)you will not access the Site through automated or non-human means, whetherthrough a bot, script or otherwise; (4) you will not use the Site for anyillegal or unauthorized purpose; and (5) your use of the Site will not violateany applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,or incomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Site (or any portion thereof).
4. FEES AND PAYMENT
We accept the following forms of payment:
● Visa
● MasterCard
● American Express
● Discover
● PayPal
You may be required to purchase or pay a feeto access some of our services. You agree to provide current, complete, andaccurate purchase and account information for all purchases made via the Site.You further agree to promptly update account and payment information, includingemail address, payment method, and payment card expiration date, so that we cancomplete your transactions and contact you as needed. We bill you through anonline billing account for purchases made via the Site. Sales tax will be addedto the price of purchases as deemed required by us. We may change prices at anytime. All payments shall be in $USD.
You agree to pay all charges or fees at theprices then in effect for your purchases, and you authorize us to charge yourchosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors ormistakes in pricing, even if we have already requested or received payment. Wealso reserve the right to refuse any order placed through the Site.
5. CANCELLATION
You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services,please email us at mike@stupidsimpleseo.co.
6. PROHIBITED ACTIVITIES
You may not access or use the Site for anypurpose other than that for which we make the Site available. The Site may notbe used in connection with any commercial endeavors except those that arespecifically endorsed or approved by us.
As a user of the Site, you agree not to:
● Systematically retrieve data orother content from the Site to create or compile, directly or indirectly, acollection, compilation, database, or directory without written permission fromus.
● Trick, defraud, or mislead us andother users, especially in any attempt to learn sensitive account informationsuch as user passwords.
● Circumvent, disable, or otherwiseinterfere with security-related features of the Site, including features thatprevent or restrict the use or copying of any Content or enforce limitations onthe use of the Site and/or the Content contained therein.
● Disparage, tarnish, or otherwiseharm, in our opinion, us and/or the Site.
● Use any information obtained fromthe Site in order to harass, abuse, or harm another person.
● Make improper use of our supportservices or submit false reports of abuse or misconduct.
● Use the Site in a mannerinconsistent with any applicable laws or regulations.
● Engage in unauthorized framing ofor linking to the Site.
● Upload or transmit (or attempt toupload or to transmit) viruses, Trojan horses, or other material, includingexcessive use of capital letters and spamming (continuous posting of repetitivetext), that interferes with any party’s uninterrupted use and enjoyment of theSite or modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Site.
● Engage in any automated use of thesystem, such as using scripts to send comments or messages, or using any datamining, robots, or similar data gathering and extraction tools.
● Delete the copyright or otherproprietary rights notice from any Content.
● Attempt to impersonate anotheruser or person or use the username of another user.
● Upload or transmit (or attempt toupload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as “spyware” or “passivecollection mechanisms” or “pcms”).
● Interfere with, disrupt, or createan undue burden on the Site or the networks or services connected to the Site.
● Harass, annoy, intimidate, orthreaten any of our employees or agents engaged in providing any portion of theSite to you.
● Attempt to bypass any measures ofthe Site designed to prevent or restrict access to the Site, or any portion ofthe Site.
● Copy or adapt the Site’s software,including but not limited to Flash, PHP, HTML, JavaScript, or other code.
● Except as permitted by applicablelaw, decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.
● Except as may be the result ofstandard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Site, orusing or launching any unauthorized script or other software.
● Use a buying agent or purchasingagent to make purchases on the Site.
● Make any unauthorized use of theSite, including collecting usernames and/or email addresses of users by electronicor other means for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretenses.
● Use the Site as part of any effortto compete with us or otherwise use the Site and/or the Content for anyrevenue-generating endeavor or commercial enterprise.
7. USER-GENERATED CONTRIBUTIONS
The Site does not offer users to submit orpost content. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Site, including but not limited to text, writings,video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and throughthird-party websites. As such, any Contributions you transmit may be treated inaccordance with the Site Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:
8. CONTRIBUTION LICENSE
You and the Site agree that we may access,store, process, and use any information and personal data that you providefollowing the terms of the Privacy Policy and your choices (includingsettings). By submittingsuggestions or other feedback regarding the Site, you agree that we can use andshare such feedback for any purpose without compensation to you.
We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solelyresponsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
9. SUBMISSIONS
You acknowledge and agree that any questions,comments, suggestions, ideas, feedback, or other information regarding the Site("Submissions") provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.
10. SITE MANAGEMENT
We reserve the right, but not the obligation,to: (1) monitor the Site for violations of these Terms of Use; (2) takeappropriate legal action against anyone who, in our sole discretion, violatesthe law or these Terms of Use, including without limitation, reporting suchuser to law enforcement authorities; (3) in our sole discretion and withoutlimitation, refuse, restrict access to, limit the availability of, or disable(to the extent technologically feasible) any of your Contributions or anyportion thereof; (4) in our sole discretion and without limitation, notice, orliability, to remove from the Site or otherwise disable all files and contentthat are excessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Site in a manner designed to protect our rights andproperty and to facilitate the proper functioning of the Site.
11. TERM AND TERMINATION
These Terms of Use shall remain in full forceand effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OFTHESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUTNOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDINGWITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTCONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAYTERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.
If we terminate or suspend your account forany reason, you are prohibited from registering and creating a new accountunder your name, a fake or borrowed name, or the name of any third party, evenif you may be acting on behalf of the third party. In addition to terminatingor suspending your account, we reserve the right to take appropriate legalaction, including without limitation pursuing civil, criminal, and injunctiveredress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, orremove the contents of the Site at any time or for any reason at our solediscretion without notice. However, we have no obligation to update anyinformation on our Site. We also reserve the right to modify or discontinue allor part of the Site without notice at any time. We will not be liable to you orany third party for any modification, price change, suspension, ordiscontinuance of the Site.
We cannot guarantee the Site will be availableat all times. We may experience hardware, software, or other problems or needto perform maintenance related to the Site, resulting in interruptions, delays,or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason withoutnotice to you. You agree that we have no liability whatsoever for any loss,damage, or inconvenience caused by your inability to access or use the Siteduring any downtime or discontinuance of the Site. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Site or tosupply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Terms shall be governed by and definedfollowing the laws of Connecticut. Stupid Simple SEO, LLC and yourselfirrevocably consent that the courts of Fairfield, CT shall have exclusivejurisdiction to resolve any dispute which may arise in connection with theseterms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost ofany dispute, controversy, or claim related to these Terms of Use (each"Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least 30 days before initiating arbitration.Such informal negotiations commence upon written notice from one Party to theother Party.
Restrictions
The Parties agree that any arbitration shallbe limited to the Dispute between the Parties individually. To the full extentpermitted by law, (a) no arbitration shall be joined with any other proceeding;(b) there is no right or authority for any Dispute to be arbitrated on aclass-action basis or to utilize class action procedures; and (c) there is noright or authority for any Dispute to be brought in a purported representativecapacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations andArbitration The Parties agree that the following Disputesare not subject to the above provisions concerning informal negotiations andbinding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctiverelief.
If this provision is found to be illegal or unenforceable, then neitherParty will elect to arbitrate any Dispute falling within that portion of thisprovision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed forjurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
15. CORRECTIONS
There may be information on the Site thatcontains typographical errors, inaccuracies, or omissions, includingdescriptions, pricing, availability, and various other information. We reservethe right to correct any errors, inaccuracies, or omissions and to change orupdate the information on the Site at any time, without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS ANDAS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILLBE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BYANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISINGFROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATELAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold usharmless, including our subsidiaries, affiliates, and all of our respectiveofficers, agents, partners, and employees, from and against any loss, damage,liability, claim, or demand, including reasonable attorneys’ fees and expenses,made by any third party due to or arising out of: (1) use of the Site; (2)breach of these Terms of Use; (3) any breach of your representations andwarranties set forth in these Terms of Use;
(4) your violation of the rights ofa third party, including but not limited to intellectual property rights; or(5) any overt harmful act toward any other user of the Site with whom youconnected via the Site. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts tonotify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that youtransmit to the Site for the purpose of managing the performance of the Site,as well as data relating to your use of the Site. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using the Site.You agree that we shall have no liability to you for any loss or corruption ofany such data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, andcompleting online forms constitute electronic communications. You consent toreceive electronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
21. MISCELLANEOUS
These Terms of Use and any policies oroperating rules posted by us on the Site or in respect to the Site constitutethe entire agreement and understanding between you and us. Our failure toexercise or enforce any right or provision of these Terms of Use shall notoperate as a waiver of such right or provision. These Terms of Use operate tothe fullest extent permissible by law. We may assign any or all of our rightsand obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Terms ofUse is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Terms of Use or use of the Site. You agree thatthese Terms of Use will not be construed against us by virtue of having draftedthem. You hereby waive any and all defenses you may have based on the electronicform of these Terms of Use and the lack of signing by the parties hereto toexecute these Terms of Use.
22. CONTACT US
In order to resolve a complaint regarding theSite or to receive further information regarding use of the Site, pleasecontact us at: mike@stupidsimpleseo.co