PPC Terms and Conditions
180fusion TERMS OF SERVICE AGREEMENT
Section 1. Definitions
1.1 “180” Means 180 Fusion LLC.
1.2 “Account” means to the User’s information that is stored by 180 and the application of our submission and promotional efforts on your behalf.
1.3 “Agreement” means this agreement.
1.4 “Appropriate Payment” means payment in the form of cash, check, money order, credit card, wire, and PayPal duly credited and received by 180.
1.5 “Client” or “User” means the individual, company or entity for whom services are provided and who enters into this Agreement and not for any other party, individual or entity.
1.6 “Subscription” means the schedule of payments made by the User.
1.7 “Services” means the work and services provided by 180 to User through this Agreement and as fully described in the Order Schedule attached to this Agreement.
Section 2. Your Account
2.1 Creation. Upon receipt of Appropriate Payment 180 will create and activate the User’s Account.
2.2 Authorization. By signing below and/or by recorded oral agreement during telephone conversations between User and 180, User agrees that User provides necessary authorization to start the Subscription or Services and be bound to this Agreement.
2.3 Duration. The term of this Agreement is reflected in the Order Schedule. Upon the expiration of the term the service automatically converts to recurring monthly billing. User’s Account will remain active from the point of account creation to the point at which the Account is canceled in accordance with any of the points detailed in Section 2.4 below.
2.4 Termination. Cancellations must be in writing to [email protected] All cancellations must be received no later than five (5) days prior to the next billing date in order to avoid being charged for an additional term of service. Upon receipt of notice, it may take up to seven (7) business days to process the cancellation request but a new cycle will not be charged if cancellation is submitted within the time specified herein.
2.5 Questions or Updates on Account. Questions may be addressed to 180’s Internet Marketing Representatives via phone Monday-Friday, 7:30am – 4:30pm PST at (877) 678-4180 or emailing us at [email protected] You may also update information on your account at:
2.6 Subscription Failure. User’s Account may be terminated upon any failure of payment or for failure of a User’s credit card to be authorized. Billing information may be updated as indicated in Section 2.5 above.
Section 3. Payment
3.1 Initial Payment and Billing Amount. Initial billing amounts are contained in the Order Schedule. At the completion of signup process and upon creation of the Account and authorization of services orally or through this Agreement as described in Section 2 herein, payment will be due in full by User to 180. Full or partial payment may be required before performing any service.
3.2 Duty to Pay. User agrees to pay all charges in full by the due date. User further agrees that User may not withhold any payment for any reason, including any dispute between the user and client. Upon User’s failure to pay, late charge will begin to accrue after the due date at a rate equal to the lesser of 18% per annum or the highest lawful rate.
3.3 Recurring Billing. All recurring billing will be submitted based on the original signup date and/or as stated in the Order Schedule.
3.4 Prepaid Services. If User elects to prepay for additional months of service, all payments are due at start of the service. No additional billing will occur during the term of the prepay. When the prepay term elapses, the service automatically converts to recurring monthly billing. The account will remain active until the account is canceled in accordance with Section 2.4 above.
3.5 Credit Card Payments. Credit card payments are accepted. In the event that a 180 is not able to authorize a card on the first try, 180’s automatic system will continue to attempt authorization daily.
Section 4. Refunds
4.1 Partial Refunds. 180 does not issue partial refunds under any circumstances and regardless of the point in the payment cycle at which cancellation occurs.
4.2 Service. Service will be carried out until the end of the Account’s payment cycle unless otherwise directed.
4.3 Charges after Cancellation. Refunds will be issued for charges incurred after cancellation, provided a cancellation confirmation code, or other proof of previous cancellation, is presented.
4.4 Cancellation Right. PURSUANT TO STATE LAW, In addition to any right to otherwise revoke an offer, you, the purchaser, may cancel this sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later. Client may cancel this agreement by sending an email to [email protected] or by writing to 50 Beale St, Fl 10, San Francisco, CA 94105. After this period has passed, all sales are final.
Section 5. Content and Site
5.1 Intellectual Property Guarantee. User guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to 180 for the Subscription or Services are owned by User, or that User has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protects, and defend 180 and its subcontractors from any liability or suit arising from the use of such elements.180 may terminate any Account for copyright or trademark infringement, or for any other reason 180 deems appropriate as it may relate to Client’s use of another’s intellectual property.
5.2 Content. It is the responsibility of our users to create, maintain and police the content of their websites, including obeying all local, regional and national laws. Sites found in violation of any laws may be terminated at any time without notice or refund. If you have questions you may contact 180 at [email protected] to inquire. User agrees that it holds 180 harmless, and warrants that User will protect, and defend 180 and its subcontractors from any liability or suit arising from the use of such elements.
5.3 Forbidden Content. Due to policies set forth by the major search engines, 180 does not accept sites that fall into the following categories: sites that promote or facilitate online gambling; sites that promote or facilitate copyright violations; sites that sell prescription medication; sites that sell fake or replica products; sites that sell guns and ammunition, sites with pornography or sexually explicit material. Please visit www.180fusion.com, and review the Google Disclosure Notice, Working with Third-Parties, from the link at the bottom of the page for further information and guidelines.
5.4 Third Parties. 180 has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. User’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory. 180 is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the User’s website.
Section 6. Confidentiality. The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, 180 and User acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Section 8. Miscellaneous Provisions
8.1 Force Majeure. 180 will not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such 180’s reasonable control and that 180 is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
8.2 Updates to the 180fusion Terms & Conditions. These terms and conditions are subject to change, and may be modified by 180 at any time.
8.3 Reservation and Rights of Service. 180 reserves the right to refuse service to anyone. 180 does not accept sites with gambling, pornographic or sexually explicit material.
8.4 Notices and Contact. Client may contact 180 at 877-678-4180 M-F from 7:30 am-4:30 pm PST. Client may also visit www.180fusion.com or visit the client’s area at client.180fusion.com at any time. Client may also email 180 at [email protected]. Formal legal notices must be sent to 180fusion, 50 Beale St, Fl 10, San Francisco, CA 94105
8.5 Statute of Limitations. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of 180fusion’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disagreements will be handled in the jurisdiction of the County of Los Angeles, California.
8.7 Electronic Signatures. Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the WDSF, making payment, or submitting information or documents to 180 so that 180 may perform Services for the Client, shall constitute an electronic signature.
8.8 General Information. This Agreement and Order Schedule constitute the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of 180. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service. The section titles are for convenience only and have no legal or contractual effect.