Terms of Use
Last updated: February 23, 2022
The SerpClix.com service ("Service") is offered by Monumental Marketing LLC ("Company") to provide businesses and individuals access to services and resources related to search engine optimization. The Service includes the website at serpclix.com ("Site") and incorporates any related website controlled by Company. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.
You may access the Site as a user ("User") with or without creating an account. While access to certain components of the Site and selected features of the Service are free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.
A User who pays for any portion of the Sites or Services shall be referred to as either a "Subscriber" or "Buyer" in this Agreement. As a Subscriber, you must agree to the payment terms, Terms of Use, and Privacy Policy presented to you at the time you sign up on the Site.
A User who registers as a click provider shall be referred to as either a “Clicker” or “Seller” in this Agreement. As a Clicker, you must agree to the Terms of Use and Privacy Policy presented to you at the time you sign up on the Site.
Your access to the Site and Service is expressly conditioned on your compliance with these Terms of Use, the Privacy Policy, and any applicable laws.
Company reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, or for any other reason and without notice.
For the purposes of this Terms of Use, Users, Subscribers and Clickers may be referred to as "you", and the Terms ofUse may be referred to as the "Agreement" or the "TOU". The TOU is a legally binding contract between the Company and you; the Company may be also be referred to as "SerpClix" in this Agreement. The Privacy Policy and any other Subscriber agreements, if applicable, are incorporated into this Agreement by reference.
Conditions Governing All Users
- The Service is available only to Users who are human (not bots) and 14 years of age or older, and Users who are also Subscribers must be at least 18 years old.
- The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- The Service is available only to those with a valid email address.
- The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
- The Service is not available to any employees or affiliates of Google, Bing, Yahoo and their parent companies and those of any other major search engine, and by accessing the Service you agree not to reveal any information you gain from our Service to any of these entities or their representatives.
- Users agree to inform SerpClix immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.
Conditions Governing Subscribers (also referred to as “Buyers” or “you”)
If you purchase a SerpClix subscription package you are subject to the following terms and conditions related to your purchase.
SerpClix Subscriptions: You agree to make an immediate payment to SerpClix for your subscription package for a recurring one month term (the "Term") which begins on the date of payment. This payment, plus any future payment for that subscription package based on monthly renewal, shall together be referred to as "SerpClix Subscription Fees".
Credits: Credits are used to create click orders, and can be purchased either via monthly subscription or via a one-time purchase option. Unused credits will remain active for as long as an active subscription is maintained. If a subscription is allowed to lapse the unused credits will expire. In the case of credits purchased with no monthly subscription, the credits will expire at the earliest of either: a) 30 days of inactivity in the account, or b) 180 days after purchase.
No Refunds: You understand that SerpClix assumes costs immediately after you submit an order to SerpClix and acknowledge that as a result no partial or complete refunds will be issued by SerpClix to you at any time, for any reason, once you have made a payment for SerpClix services.
Taxes: You are responsible for all taxes associated with your purchase of SerpClix services (such as sales tax), and such taxes will be in addition to the fees quoted.
Renewal: Subscriptions recur monthly. Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription. Once a renewal payment is processed, no refunds will be provided for any reason.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
Cancellation: You may cancel your account and the recurring billing at any time. Should you wish to cancel, you can do so through your account or by contacting us via email. You will continue to have access to the Site and Service until the end of your subscription term. Any unused credits in your account will expire at the end of your subscription term. You can Downgrade your account at any time and you will be billed the lower amount on your next renewal date; in the case unused credits will remain active in your account for as long as your subscription remains active.
Additional Terms Governing Subscribers
- The number of credits required per click, as well as the number of credits offered per subscription tier, are subject to change without notice.
- Redirects on your website landing page are not allowed.
- All numbers provided on the Site and any instructional videos are for example purposes only, and may have subsequently changed.
Conditions Governing Clickers (also referred to as “Sellers” or “you”)
You may register as a Seller, and complete orders for Subscribers of SerpClix, which will involve downloading the SerpClix Firefox add-on, and following the instructions to complete a keyword search on a search engine and click on the specified search result.
Our system will use your IP address to determine your location and to assign an IP quality score. If your IP does not meet our quality score, you will not be permitted to work as a Clicker.
If your IP meets our quality threshold, you may be presented with click orders. If you complete the order successfully our system will register that action, and you will be credited for a click at an amount based on your location. These amounts are posted within your account, and are subject to change without notice.
SerpClix will issue payment to you via PayPal to the PayPal account associated with the email address specified in your profile. If you do not have a valid PayPal account you will not be able to receive payment. Payments are issued during the first week of each month, for work completed in the previous month. Payments are subject to a minimum amount due, currently $5.00, but this amount is subject to change without notice. Payments will not be resent under any circumstances, including, but not limited to: specifying the wrong email address or including a typo in the email address, any account issue with PayPal, or restrictions on PayPal usage in your country. Payments that are denied by PayPal or payments that are not claimed within 30 days will automatically expire and be forfeited.
As a clicker, you may be exposed to inappropriate or adult subject matter. SerpClix does not filter orders based on content. If you do not wish to be exposed to this content you should not use SerpClix.
You may not create more than one account; only one account is permitted per household.
You may not use any proxies, VPNs, dedicated servers, remote connections, data center IPs, or in any way attempt to manipulate or spoof your IP address. Only residential IP addresses will be permitted.
You may not use any bots or automated means of generating clicks. All searches and clicks must be done manually, one at a time, by you, following all instructions.
We reserve the right to suspend, deactivate, or remove any Clicker account for any reason, including but not limited to having a low IP score, suspicion of any attempt to hack or manipulate our system in any way, suspicion of operating more than one account per household, or arguing with any SerpClix staff. If any attempt at fraud or manipulation is suspected all credits for clicks in your account will be deleted, your account balance will be reset to zero, and no payments whatsoever will be issued.
As a clicker, you may have access to proprietary, private and/or otherwise confidential information (“Confidential Information”) belonging to SerpClix, our Buyers, our other clients, and other users of SerpClix (the “SerpClix Parties”). Confidential Information includes, but is not limited to, all non-public information which constitutes, relates or refers to the personal affairs and operation of the business of SerpClix, its Buyers’, customers’, suppliers’, and other third parties’ past, present, and future personal or business affairs including without limitation, financial, operational, personnel, sales, marketing, intellectual property of that party and any trade secrets, proprietary software (including but not limited to company-generated domains and backlinks), or the identity of the that party or that party’s customers or clients.
As a condition of registering as a Seller, you hereby agree to respect the privacy of SerpClix Parties’ Confidential Information. You will not at any time or in any manner, use for personal benefit, divulge, disclose or communicate in any manner any Confidential Information. You acknowledge that SerpClix shall suffer irreparable injury upon any breach of your confidentiality obligations and that SerpClix will be entitled to seek injunctive or relief to prevent any further breach by you; provided, however, that this will not limit any other rights or remedies available to SerpClix.
Service Limitations
SerpClix may establish limits concerning use of the Service at its discretion, including by way of example the frequency with which you may access the Service. SerpClix reserves the right to modify or discontinue the Service (or any part or feature thereof) at any time without notice. You agree that SerpClix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to ensure that no system outage occurs and there is no abuse of the Service (either by manual use or using an automatic access), the Company may use its discretionary right to limit or restrict the access whenever it considers, at its sole discretion, that the Service is used abusively. Also, the Company is free to conduct any investigation on this matter and determine the reasons for the improper use and take any decisions on this matter.
Trademarks; Copyrights; Proprietary Rights
SerpClix owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("SerpClix Content").
SerpClix also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the SerpClix Content, the Site, and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SerpClix Content in whole or in part except as expressly authorized in writing by SerpClix. SerpClix does not grant any express or implied rights in SerpClix Content to Users, and all rights in and to the Site and to SerpClix’s Content are retained and reserved by SerpClix.
Moreover, the term SerpClix and anything on the site that identifies or distinguishes SerpClix from other goods and services are registered or unregistered trademarks of the Company (the "SerpClix Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the SerpClix Trademarks without the Company's prior written consent.
Copyright Infringement
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify SerpClix at legal
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that SerpClix may locate it; provide a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit SerpClix to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, SerpClix will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
User Indemnification of SerpClix for Certain Actions
Users agree to indemnify and hold SerpClix and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit, or make available through the Service, (ii) your unauthorized use of the Site or Service, (iii) your connection to or use of the Service, or (iv) your violation of the Terms Of Use, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
SerpClix Warranties and Limitations
SERPCLIX, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. SERPCLIX DOES NOT WARRANT THAT SITE OR SERVICES WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET ANY SPECIFIC REQUIREMENTS OF A USER OR SUBSCRIBER, AND MAKES NO GUARANTEES AS TO THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
You acknowledge that SerpClix cannot provide the Service at a fair price without limiting its liability as set forth herein. Thus, as an express condition of use of the Site or Service, you agree to limit SerpClix's potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the agreement between SerpClix and you as a User.
SerpClix does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SerpClix or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERPCLIX BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, INVASION OF PRIVACY AND DEFAMATION] OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, OR GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SERVICE.
Some states, provinces, and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from SerpClix or any affiliates, direct damages up to an amount equal to your Services fee for the month during which the breach occurred. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything o Reservation of rights
Reservation of Rights
SerpClix reserves all rights not expressly granted in these terms of use. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. r any claims related to these Terms, the Services, or the software related to the Services.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
Miscellaneous Clauses
Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If SerpClix must send you additional information regarding the Site or Service or in connection with this Agreement, you consent to receive this information electronically. SerpClix may provide required information to you by email at any address you registered with the Site or Service or via the Site or Service itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. SerpClix is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. SerpClix may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.
Cookie usage. When using the app, you agree to our use of cookies for delivering the service.
Entire Agreement. The Terms Of Use (along with the Privacy Policy, and any Subscriber agreement or other agreement incorporated by reference) constitutes the entire agreement between you and SerpClix and govern your use of the Site or Service, superseding any prior agreements between you and SerpClix (including, but not limited to, any prior versions of the Terms Of Use).
Any questions or legal issues with respect to this agreement should be addressed to legal
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