Legal Disclaimer

The Spectral Vision is a professional search engine optimization company that is committed to help businesses get more targeted visitors on their websites. Some of our services include Organic Search Engine Optimization, Paid Search/Pay per click (PPC), Conversion Optimization, Analytics & Call Tracking, Visual Website Optimizer, Local & Mobile Search, Social Media Marketing and others.

However, we are not liable for any consequential or direct losses incurred by our clients or by any third parties. We do not take any responsibility for damages that are caused due to any external links going from our website, or from any internal links coming to ours.

We do not have any control over the website contents wherever our website links are found. The Spectral Vision does not necessarily promote or endorse the contents on those websites. Therefore, we are absolutely not liable for any claims from their customers that might be caused due to using their products, information or services.

All the information on our client websites are wholly and solely owned by them. We do not take any responsibility for the damages or losses that are caused to their customers due to the quality and deliverables of their products or services. The Spectral Vision hereby denies any possible claims that are made on the warranties and reliability on our client websites. You will need to contact them directly for issue resolutions if any.

Our clients will need to assume complete responsibility for all the information that they provide to us for delivering our services. We are not accountable for any copyrights violations on their websites.

MOST IMPORTANTLY, THE WORK WHICH WE RECEIVE IS FROM UPORK, FIVERR AND PEOPLEPERHOUR. AND THESE PLATFORMS NEVER EVER SHARE 3RD PARTY DATA. SO, WE DO NOT HAVE ANY CONTROL OVER THE CONTENT OR THE LINKS. WE JUST PUBLISH IT AS IT WAS GIVEN BY OUR CLIENT THROUGH THE ABOVE MENTIONED PLATFORMS. SO, IF YOU HAVE QUESTION RELATED TO THE CONTENT WHICH WE ADVERTISE, YOU NEED TO CONTACT THE CONTENT OWNER BUT NOT THE PERSON WHO ADVERTISED IT.

Additionally, The Spectral Vision stands protected on any instances of data loss that could be caused due to consequential, direct or indirect events.

The Results of the efforts made by The Spectral Vision Program depends upon the Search engines algorithms, and they change quite frequently. Even the keywords may also vary depending upon the algorithms. Additionally, factors like product or service quality offered by our clients, network downtime, and many other instances will also affect the search engine rankings. The Spectral Vision doesn’t claim any rank or position, but we certainly do work on the search engine guidelines for improving the rankings. However, our clients will need to agree for plus or minus 30% results on what is mentioned on our package charts, considering the multiple factors that are beyond our scopes of control.

We are not liable for technical issues on our client websites that could interrupt our services, or impact their website rankings. Such technical issues are beyond our scopes of control.

We absolutely do not guarantee results in any way.

Most professional marketers and marketing agencies do not guarantee results.

To re-phrase a quote from Frank Kern: “Your results will vary and depend on many factors … All business entails risk as well as massive and consistent effort and action. If you’re not willing to accept that, please DO NOT [contract with us for marketing services]”

Google forbids us from guaranteeing ranking or listing results, and discourages uses from working with agencies who provide guarantees. For an example, see Google’s statement in this article which says “Beware of SEOs that claim to guarantee rankings“. The same principle applies to all other entities (ad platforms and publishers) and services (PPC, advertisements, email marketing, etc).

But don’t take our word for it. The best summary we’ve seen about the evils of a guarantee in the Marketing industry comes from this article on Forbes, where the author correctly writes in point #5 about the agency: “Making guarantees about something you cannot control carries inherent ethical problems” and about the client: “If you have to ask about a guarantee, you probably aren’t ready to be a client because you aren’t financially stable enough to make the investment” “Potential clients seeking guarantees raise two major red flags: a. their own credibility b. the nature of your relationship with them.” The article (by Josh Steimle) is excellent and we suggest you give it a thorough read. It is focused on SEO, but the exact same principles apply to PPC and all other forms of marketing: digital, online and offline. That article is based on a similar one by Rand Fishkin. (note: October Marketing does not have any affiliation with Josh or Rand)

In short, we are in the business of working with our partners to improve their client acquisition, revenue and profitability, but the majority of the systems, corporations and people who come into play in a marketing, sales and business scenario are completely beyond our control.

Examples include, but are not limited to:

• We can’t force Google, Facebook or any other ad platform or publisher to list or show your ad in any particular position, rank, or order
• We can’t make people see, notice, view or watch your ad, listing, offer, services or product
• We can’t compel people to like your ad, listing, offer, services or product even if they do see it
• We can’t make them click on the ad or the link if they see or like it
• Once they click, we can’t make them like your website or anything they see on it
• We can’t prevent them from leaving your website
• We can’t make them accept your offer, product or service in any way, including opt-ins, calls, contacts or purchases, even if they have seen it and liked it
• Most importantly of all, even if someone gets this far, and likes and wants whatever you have to offer them: we can’t make them pay you

Again, results cannot be guaranteed, unless they specifically are guaranteed in writing. This disclaimer is written to reiterate that while all marketing for you and/or your practice will be done to the best of Spectral Vision Search Engine Marketing Services, and all employees, contractors, associates, and affiliates’ abilities, no one involved can guarantee you a favorable or negative or null result.

Our efforts require your participation, understanding,and above all, implementation. Without your cooperation and involvement, most of our work will fall flat and be ineffective.

None of the advice, whether in writing, by audio, or on video, that resides on this website or is published or disseminated by Spectral Vision Search Engine Marketing Services, or anyone involved with the company in any form is to be considered legal, tax, accounting advice or your specific business niche.

All content is purely informational in nature and may in fact not be materially helpful to anyone that reads it.

No representations or warranties about anything espoused by Spectral Vision Search Engine Marketing Services, or any parties affiliates, contracted with, or employed by the company are implied or expressed.

NO RESULTS PROJECTIONS, PROMISES OR REPRESENTATIONS

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or results, or that you will earn any money and that we have not authorized any such projection, promise, or representation by others.

There is no assurance that any prior successes or past results will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

Any results are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided.

YOUR SUCCESS OR LACK OF IT

Your success in using the information or strategies provided by this website, depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any results at all.

FORWARD-LOOKING STATEMENTS

Materials contained on this website or in materials purchased and/or downloaded from this website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “Anticipate”, “Estimate”, “Expect”, “Project”, “intend”, “Plan”, “Believe”, and other words and terms of similar meaning in connection with a description of results.

Any and all forward looking statements here or on any materials on the website are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

THE ECONOMY

The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Spectral Vision.

DUE DILIGENCE

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

You are advised to do your own due diligence when it comes to making business decisions and should use caution. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.

TESTIMONIALS, REVEIWS & EXAMPLES

Testimonials, reviews and examples on this website or other medias about SEO Digital Marketing are examples of potential results only and do not reflect the typical experiences also, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific results, figures are used and attributed to a specific individual or business are for example only. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific results used, you must accept all the risk of not doing as well.

Please note that the content of this page can change without prior notice.

MARKETING, ADVERTISING AND BUSINESS IN GENERAL ARE RISKY ENDEAVORS.

As this article by Martin Zwilling states “Marketing is fraught with risk, but playing it safe or no marketing is the ultimate risk“.

DWE SUGGEST THAT YOU DO NOT PLACE ORDERS OR ENGAGE IN OR PAY FOR SERVICES, ACTIVITIES, PROJECTS OR ORDERS IF YOU CANNOT REASONABLY AFFORD THEM AND/OR CANNOT TOLERATE THE LOSS OF YOUR FUNDS OR THE FAILURE OF YOUR EXPECTED RESULTS AND/OR EXPECTED “ROI”.

While we accept credit card payments for convenience, we strongly discourage anyone from going into debt (including loans or credit card debt) in the hopes that marketing will start, “save” or improve their business.

ABOUT THE EU AND OTHER JURISDICTIONS WHO HAVE APPLICABLE LAWS:

We generally do not work with any clients from the EU or other jurisdictions that require us to provide refunds.

If you are from or located in a jurisdiction with similar laws, and you proceed to place an order with us, you waive and forego all rights to a refund, no matter what other factors may be brought into consideration.

If you hide or attempt to hide or obscure your location or jurisdiction from us in order to place an order anyway, you waive and forego all rights to refunds, services, accounts, memberships, etc and when we discover your real location, your services may be immediately suspended & canceled without refund, your account may be immediately terminated and you may be banned from further contact and/or services.

NO ASSURANCE, GUARANTEE OR WARRANTY:

We offer this information as a best-effort suggestion to help you understand and control your rights and/or options.

No assurances, guarantees or warranties are provided concerning this information. Use at your own discretion. We encourage all users to fully educate and familiarize themselves with the implications, effects and risks of technology, online marketing and advertising, and internet use, especially as it pertains to business and your personal privacy, security, etc.

AWS Web Hosting Agreement between Spectral Vision and Client

This Web Hosting Contract (“Agreement”) sets forth the terms and conditions between Spectral Vision (“Spectral Vision”), and any client who signs up for web hosting services using Amazon Web Services (AWS) through Spectral Vision. By using Spectral Vision’s web hosting services, the client agrees to be bound by the terms and conditions set forth in this Agreement.

Services

Spectral Vision will provide web hosting services to the client using Amazon Web Services (AWS). The hosting services provided by Spectral Vision include server space, bandwidth, and related services as necessary to operate the client’s website.

Spectral Vision shall not be liable for any loss, damages or downtime resulting from any failure of Amazon Web Services (AWS) or any other third-party hosting providers, including but not limited to power outages, equipment failures, and any other disruptions caused by AWS. The client acknowledges that AWS is a third-party hosting provider and agrees that Spectral Vision shall not be held responsible for any loss or damages arising from any issues related to the hosting service provided by AWS. The client further acknowledges that Spectral Vision has no control over AWS or any other third-party hosting providers, and thus cannot be held responsible for any losses or damages resulting from any failure or disruption of their services.

Additional Bandwidth

Spectral Vision may recommend additional server upgrades in the event of larger amounts of bandwidth or website traffic. The client acknowledges that additional upgrades may be required and agrees to pay any additional fees associated with such upgrades. Spectral Vision shall not be responsible for any loss or damages arising from any such upgrades or downtime that may occur during such upgrades. The client will be notified in advance of any expected upgrade costs and any potential impact on their website or service.

Payment

The client shall pay Spectral Vision the agreed amount for the web hosting services. The payment shall be made on a monthly basis and is due in advance of each month’s service. Spectral Vision shall provide an invoice to the client for each payment.

Term

This Agreement shall be effective as of the date set forth above and shall continue until terminated by either party upon thirty (30) days written notice to the other party.

Termination

Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Upon termination of this Agreement, Spectral Vision shall provide the client with a copy of all data and files related to the website.

Failure Of Payment

The client agrees to pay for the web hosting service provided by Spectral Vision on a timely basis. If payment has not been received within 60 days of the invoice due date, Spectral Vision reserves the right to terminate the service without notice. In the event of such termination, Spectral Vision is not responsible for any loss of data or website content that is hosted on the server. Spectral Vision will not be held liable for any damages resulting from the termination of service due to failure of payment.

Service Levels and Warranties

Spectral Vision will provide web hosting services with reasonable care and skill. Spectral Vision will use commercially reasonable efforts to ensure that the hosting services are available 99.9% of the time, subject to downtime for scheduled maintenance, unscheduled maintenance, and circumstances beyond its reasonable control. Spectral Vision will also maintain appropriate security measures to protect the website from unauthorized access, alteration, or destruction.

Disclaimer of Warranties

Spectral Vision makes no representations or warranties of any kind, whether express or implied, with respect to the hosting services provided under this Agreement. Spectral Vision disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

Spectral Vision shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to this Agreement, including but not limited to lost profits, lost data, or business interruption.

Indemnification

Client agrees to indemnify and hold harmless Spectral Vision, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Client’s use of the hosting services.