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These Terms of Service (the “Terms”) form a binding agreement between you and BH Monitor Services, LLC, a Tennessee limited liability company, doing business as AdvisorSEO Max (“Company,” “we,” “us,” or “our”), and govern your access to and use of the AdvisorSEO Max platform, website, web application, and all related tools, features, modules, analyses, integrations, and services (collectively, the “Service”).
These Terms are effective as of the date set forth above (the “Effective Date”) and become binding on you on the earliest date on which you: (i) create an account; (ii) access or use the Service; (iii) begin a free trial, promotional offer, or paid subscription; or (iv) otherwise indicate your acceptance of these Terms (the “Acceptance Date”). Your continued access to or use of the Service after the Acceptance Date constitutes your ongoing agreement to be bound by these Terms, as amended from time to time. If you do not agree to these Terms, you must not access or use the Service.
If you access or use the Service on behalf of a company, investment adviser, advisory firm, broker-dealer, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and in that case, “you” and “your” refer to both you and that entity.
The Service is intended solely for business and professional use and is not offered for personal, family, or household purposes. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years old, possess the legal capacity to enter into these Terms, and will comply with all applicable laws, regulations, and professional obligations in connection with your use of the Service.
If you are an investment adviser, broker-dealer, insurance professional, or other regulated person or entity, you acknowledge that your use of the Service may implicate advertising, marketing, books-and-records, supervision, communications, privacy, and other requirements imposed by the U.S. Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), state securities regulators, insurance regulators, consumer protection authorities, or other governmental or self-regulatory bodies. You remain solely responsible for ensuring that any metadata, schema, content, recommendations, settings, website changes, or other outputs generated, analyzed, or facilitated through the Service comply with all such requirements and with your internal policies and supervisory procedures.
The Service is a workflow, analytics, and optimization tool only. The Company does not provide legal, regulatory, compliance, tax, investment, supervisory, or professional advice, and no portion of the Service shall be construed as such. The Service is not a substitute for legal review, compliance review, principal approval, or supervisory review.
You agree to provide accurate, current, and complete account information and to keep such information updated. You are responsible for maintaining the confidentiality and security of your login credentials and for all activities occurring under your account, whether or not authorized by you.
You may not share login credentials or permit multiple individuals to use the same account except as expressly authorized by the Company. You are responsible for the acts and omissions of your employees, contractors, agents, and other authorized users who access the Service through your account or under your subscription.
You agree to notify the Company promptly upon becoming aware of any unauthorized access to or use of your account, any compromise of your credentials, or any other security incident involving the Service. The Company may suspend or terminate your account, with or without prior notice, if it determines, in its sole discretion, that: (i) your account has been compromised; (ii) you have engaged in prohibited conduct, including scraping, credential sharing, unauthorized automated access, or misuse of any Service feature; (iii) your use presents a security risk or legal risk; or (iv) continued access could adversely affect the security, functionality, or integrity of the Service.
Certain components of the Service require an active paid subscription. The Company may also make available free trials, pilot access, promotional subscriptions, discounted introductory periods, or other limited-time offers (collectively, “Promotional Access”) subject to these Terms and any additional terms presented at sign-up.
Unless otherwise expressly stated in the applicable offer, any free trial will last fourteen (14) days from activation. The duration, scope, eligibility requirements, included features, and terms of any Promotional Access may vary by offer and may be modified or discontinued by the Company at any time, subject to applicable law. Promotional Access is limited to new customers unless otherwise expressly stated, is non-transferable, may not be combined with other offers unless expressly authorized by the Company, and may be revoked in the event of abuse, misrepresentation, or circumvention of offer limitations.
Subscriptions renew automatically at the end of each billing period unless canceled before renewal in accordance with the cancellation procedures made available through the Service or otherwise communicated by the Company. Unless you cancel before the end of the applicable Promotional Access period, your subscription may automatically convert to a paid subscription, and the Company or its designated payment processor may charge the payment method associated with your account the then-applicable Fees for the selected plan.
All subscription fees, usage-based charges, and other amounts payable under these Terms (collectively, “Fees”) are processed through Stripe or another designated payment processor. By subscribing, beginning Promotional Access that converts to a paid plan, or otherwise enrolling in a recurring plan, you authorize the Company and its payment processor to charge your payment method for all Fees due.
Except for verified billing errors or as otherwise required by applicable law, all Fees are nonrefundable, including Fees associated with partial billing cycles, unused features, expired trial periods, promotional conversions, temporary suspensions, or early termination. You are responsible for reviewing the specific terms presented at sign-up, including trial length, billing start date, renewal terms, price, and cancellation method.
Fees are exclusive of all applicable taxes, levies, duties, withholdings, or similar governmental assessments, except taxes based on the Company’s net income. You are responsible for all such taxes associated with your purchase or use of the Service, excluding taxes legally imposed on the Company.
The Company may modify its pricing, packaging, billing structure, or features from time to time. Any such change will become effective on a prospective basis upon reasonable notice, which may be provided by email, through the Service, at checkout, or by other appropriate means. Unless otherwise stated, changes to recurring Fees will take effect at the start of your next renewal term following notice.
If any charge is not successfully settled, is reversed, is disputed, or is otherwise unpaid when due, the Company may retry the charge, suspend or terminate access to the Service, and pursue collection of all outstanding amounts. You may not withhold, offset, or reduce any Fees owed under these Terms except as required by law.
Subject to your ongoing compliance with these Terms and timely payment of all applicable Fees, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during your active subscription term to access and use the Service solely for your internal business purposes.
You may not, and may not permit any third party to: (i) copy, reproduce, republish, distribute, publicly display, or create derivative works of the Service; (ii) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, structure, or underlying ideas of any portion of the Service, except to the limited extent such restriction is prohibited by law; (iii) circumvent, disable, interfere with, or otherwise defeat access controls, security measures, rate limits, or usage limitations; (iv) scrape, harvest, crawl, index, monitor, extract, or collect data from the Service by manual, automated, or programmatic means; (v) use the Service to develop, train, improve, or support a competing product or service; (vi) use any output, analysis, dataset, or recommendation generated through the Service to train, refine, or enhance any machine-learning or artificial-intelligence model; (vii) access or use the Service for competitive benchmarking, feature comparison, or monitoring of the Company’s commercial offerings without the Company’s prior written consent; (viii) probe, scan, test, or exploit the vulnerability of the Service or any related network or system without prior written authorization; or (ix) use the Service in violation of any applicable law, regulation, or third-party right.
All rights not expressly granted to you in these Terms are reserved by the Company and its licensors.
As part of the Service, you may access the Company’s suite of proprietary tools, systems, workflows, integrations, and automated analyses (collectively, the “AdvisorSEO Max Tools”), which may include, without limitation, the SEO Scorecard, Meta Tag Analyzer, Meta Tag Generator, Schema Detection, Schema Generator, Blog Optimizer, GBP Audit, Competitor Analysis, AI Visibility Check, Search Trends Analysis, and integrations with Google Search Console, Google Business Profile, and other supported platforms, as reflected in the AdvisorSEO Max dashboard, onboarding materials, or documentation.
The AdvisorSEO Max Tools may retrieve, analyze, process, transform, or display data from your website, your connected accounts, or third-party platforms and may generate metadata drafts, schema recommendations, optimization suggestions, audit results, AI-assisted analyses, scoring outputs, visibility indicators, and automated evaluations. Such tools and outputs are provided for informational, workflow, and operational assistance only.
Certain AdvisorSEO Max Tools depend on third-party platforms, APIs, websites, data sources, browser environments, and service providers. The availability, accuracy, and functionality of such tools may be affected by changes to third-party services outside the Company’s control. The Company may add, modify, suspend, or discontinue any AdvisorSEO Max Tool or related feature at any time. All new or modified tools, features, modules, integrations, or AI-enabled systems introduced by the Company shall automatically be deemed part of the “Service” and governed by these Terms.
The Service, including all software, code, algorithms, user interfaces, workflows, designs, formats, documentation, scoring methodologies, data structures, analytical systems, models, prompts, reports, visualizations, know-how, and other technology or intellectual property embodied in or used to provide the Service (collectively, “Company IP”), is and shall remain the exclusive property of the Company and its licensors.
Except for the limited license expressly granted in Section 4, nothing in these Terms conveys to you any ownership interest in the Service or any Company IP. You acknowledge that the Service is licensed, not sold.
As between the parties, you retain all right, title, and interest in and to your User Content, subject to the rights and licenses granted by you in these Terms.
You may provide comments, suggestions, ideas, enhancement requests, or other feedback relating to the Service (“Feedback”). You agree that Feedback is provided voluntarily and that the Company may use, disclose, reproduce, modify, license, distribute, and otherwise exploit Feedback for any purpose, without restriction, attribution, approval, or compensation. You hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use and exploit Feedback for any lawful purpose.
The Company may, from time to time, provide optional beta, pilot, preview, early-access, or experimental features, modules, or tools for evaluation (“Beta Features”). Beta Features are provided solely on an “AS IS” and “AS AVAILABLE” basis and may operate unpredictably, contain errors, be incomplete, or be modified, suspended, or removed at any time without notice.
You acknowledge that Beta Features may produce inaccurate or unstable results, may not function in the same manner as commercially released features, and may cause interruption, corruption, deletion, or loss of data. You assume all risks associated with Beta Features. The Company has no obligation to provide support, maintenance, updates, error correction, or continued availability for any Beta Feature, and the Company shall bear no liability arising from or related to your access to or use of Beta Features.
To the extent you upload, submit, transmit, connect, sync, or otherwise make available materials, data, content, account information, website information, records, files, or third-party platform data in connection with the Service (collectively, “User Content”), you represent and warrant that you possess all rights, permissions, authorizations, and consents necessary to provide such User Content to the Company and to permit the Company to access, use, host, process, analyze, transmit, store, display, and otherwise handle such User Content as contemplated by these Terms.
You grant the Company a non-exclusive, worldwide, royalty-free license during the term of these Terms to access, host, copy, store, process, analyze, transmit, display, modify as technically necessary, and otherwise use User Content solely as necessary to provide, maintain, support, secure, improve, and operate the Service and related features for your benefit and for the Company’s internal business operations associated with the Service.
The Service may permit you to connect third-party accounts, platforms, and services, including Google Search Console, Google Business Profile, and other third-party integrations. You acknowledge and agree that any data obtained from or transmitted through such third-party platforms remains subject to the applicable terms, conditions, policies, permissions, and usage restrictions of those third-party platforms. Nothing in these Terms shall be construed to grant the Company any right to use third-party platform data in a manner prohibited by such third-party terms, conditions, policies, permissions, or restrictions. You are solely responsible for maintaining all necessary third-party accounts, permissions, and authorizations for such integrations.
The Company may collect, generate, compile, aggregate, anonymize, and de-identify data derived from your use of the Service, including without limitation search performance metrics, visibility scores, feature usage patterns, operational metrics, benchmarking inputs, and related analytics (“Aggregated Data”). Aggregated Data will not identify, and will not reasonably be capable of identifying, you, your firm, or any individual user. Subject to any applicable third-party platform restrictions to the extent Aggregated Data is derived from third-party platform data, the Company may use, disclose, publish, distribute, and otherwise exploit Aggregated Data for any lawful business purpose, including product development, service improvement, analytics, research, marketing, training of internal personnel, and benchmarking, without notice to or compensation to you.
If you believe any content accessible through the Service infringes your copyright or other intellectual property rights, you may notify the Company’s designated DMCA contact at support@advisorseomax.com. The Company may remove or disable access to allegedly infringing material and may suspend or terminate accounts of repeat infringers in accordance with applicable law.
The AdvisorSEO Max Tools may generate metadata drafts, schema suggestions, optimization recommendations, content analyses, visibility assessments, audit findings, summaries, and other AI-driven, algorithmic, or system-generated outputs (“Outputs”). You acknowledge that Outputs are generated automatically and may be incomplete, inaccurate, misleading, outdated, non-unique, unavailable for exclusive use, or unsuitable for your specific business, regulatory environment, compliance obligations, website configuration, or technical circumstances.
The Service may reference estimated performance timelines, improvement indicators, comparative metrics, examples, illustrative scenarios, or dashboard workflows based on generalized SEO concepts, common web behaviors, or modeled data. Any such materials are illustrative only and do not constitute promises, guarantees, warranties, service levels, legal conclusions, regulatory approvals, or predictions of any particular result.
Any Output is provided solely as a draft, recommendation, or informational aid and not as a final instruction, approval, or professional determination. You are solely responsible for reviewing, validating, editing, approving, testing, and independently verifying any Output before implementing it on your website or using it in any marketing, advertising, communications, supervisory, or compliance-controlled environment.
The Company expressly disclaims responsibility for errors, omissions, implementation decisions, website issues, content changes, third-party rejections, regulatory violations, search-ranking changes, performance declines, or any other consequences arising from your reliance on or implementation of Outputs.
If you are subject to SEC, FINRA, state advertising, insurance, privacy, or supervisory rules, you acknowledge and agree that the Service’s automated flags, warnings, content filters, or blocking of certain potentially problematic terms or phrases—including without limitation words such as “top,” “best,” “trusted,” or similar expressions—do not constitute compliance approval, legal review, supervisory approval, or regulatory validation.
You remain exclusively responsible for ensuring that all content, metadata, schema, disclosures, marketing materials, website statements, and other materials generated through or implemented using the Service comply with all applicable laws, rules, regulations, and internal policies. The Company does not monitor your compliance obligations and undertakes no duty to do so.
You are solely responsible for your interactions with regulators, examiners, self-regulatory organizations, customers, prospects, and third parties arising from your use of the Service or your implementation of Outputs. The Company shall have no responsibility for any regulatory inquiry, examination, deficiency, disciplinary action, enforcement proceeding, customer complaint, or financial penalty arising from your content, your website, your marketing practices, or your implementation or use of the Service.
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, managers, members, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, suits, investigations, proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (i) your access to or use of the Service; (ii) your breach of these Terms; (iii) your violation of any law, regulation, professional obligation, or third-party right; (iv) your User Content; (v) your implementation of Outputs or changes made to your website, content, metadata, or connected platforms; or (vi) any allegation that User Content infringes, misappropriates, or otherwise violates the rights of any third party.
The Company reserves the right, at its option, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company in the defense of such matter at your expense. You may not settle any claim subject to indemnification in a manner that imposes any liability, admission, obligation, or restriction on the Company without the Company’s prior written consent.
This Section survives termination or expiration of these Terms.
THE SERVICE, INCLUDING ALL ADVISORSEO MAX TOOLS, OUTPUTS, BETA FEATURES, INTEGRATIONS, REPORTS, ANALYSES, AND RELATED MATERIALS, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, SECURITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT IT WILL BE SECURE OR FREE FROM VULNERABILITIES, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL BE COMPATIBLE WITH EVERY WEBSITE, CMS, DEVICE, BROWSER, HOSTING ENVIRONMENT, OR THIRD-PARTY PLATFORM, OR THAT THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE, ACCESSIBLE, OR FUNCTIONAL.
THE COMPANY DOES NOT WARRANT THAT ANY SEO RECOMMENDATION, METADATA MODIFICATION, SCHEMA IMPLEMENTATION, VISIBILITY ANALYSIS, AUDIT RESULT, OR OTHER OUTPUT WILL RESULT IN IMPROVED SEARCH-ENGINE RANKINGS, IMPRESSIONS, CLICKS, TRAFFIC, LEADS, REVENUE, CONVERSIONS, OR VISIBILITY, OR IN ANY SPECIFIC OUTCOME OR TIMELINE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, CUSTOMERS, CONTRACTS, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, STATUTE, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Company may collect, use, store, disclose, and otherwise process information relating to your access to and use of the Service in accordance with the Company’s Privacy Policy, as updated from time to time. By accessing or using the Service, you acknowledge and agree that the Company may process such information as described in the Privacy Policy and as otherwise permitted by these Terms.
You acknowledge that transmission of information over the internet is never completely secure and that, although the Company uses measures it deems commercially reasonable to protect the Service, the Company cannot guarantee absolute security of any information transmitted to or through the Service.
In connection with the Service, either party (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) certain non-public, confidential, or proprietary information, including business information, product information, technical information, pricing, customer information, and other information that should reasonably be understood to be confidential (“Confidential Information”).
The Receiving Party shall: (i) use the Disclosing Party’s Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms; (ii) protect such Confidential Information using reasonable safeguards no less protective than those used to protect its own similar confidential information; and (iii) not disclose such Confidential Information to any third party except to its employees, contractors, professional advisers, and service providers who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.
Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was lawfully known to the Receiving Party without restriction before receipt from the Disclosing Party; (c) is lawfully received by the Receiving Party from a third party without restriction; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
A Receiving Party may disclose Confidential Information to the extent required by law, regulation, subpoena, court order, or governmental request, provided that where legally permitted it gives the Disclosing Party prompt notice and reasonable cooperation, at the Disclosing Party’s expense, in seeking confidential treatment or a protective order.
The Service may contain, rely upon, interoperate with, or provide access to third-party products, websites, APIs, integrations, software, services, content, or platforms, including without limitation Google Search Console, Google Business Profile, analytics providers, hosting providers, browser tools, and payment processors (collectively, “Third-Party Services”).
The Company does not own or control Third-Party Services and is not responsible for their availability, performance, security, accuracy, legality, content, acts, omissions, policies, or practices. Your access to and use of any Third-Party Service may be subject to separate terms, privacy policies, permissions, and restrictions imposed by the applicable third party, and you are solely responsible for complying with them.
The Company may enable, disable, modify, or discontinue any Third-Party Service integration at any time without liability. The Company is not responsible for any loss, interruption, inaccuracy, suspension, or damage arising from changes to, unavailability of, or actions taken by any Third-Party Service.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and the Company shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Nashville, Tennessee, in accordance with its applicable rules, except that either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, system security, or proprietary rights, and either party may bring an individual claim in small claims court if the claim qualifies.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement and preempts any conflicting state law. All arbitration proceedings shall be conducted solely on an individual basis. You and the Company expressly waive any right to pursue or participate in any class, collective, consolidated, mass, or representative action or proceeding.
Any arbitration shall be conducted on a confidential basis, except as necessary to enforce an award, comply with law, or protect a legal right. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that any dispute concerning the class-action waiver shall be determined by a court of competent jurisdiction.
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-law principles, except to the extent preempted by the Federal Arbitration Act.
You may terminate these Terms at any time by canceling your subscription, discontinuing use of the Service, and, if requested by the Company, closing your account. Unless otherwise stated, cancellation will take effect at the end of the then-current billing period, and no refunds will be provided for any prepaid Fees.
The Company may suspend or terminate your access to the Service, in whole or in part, immediately and without liability, with or without notice, if: (i) you fail to pay Fees when due; (ii) you breach these Terms; (iii) you create a security, privacy, legal, or operational risk; (iv) the Company reasonably believes your use is fraudulent, abusive, or unlawful; (v) required by law or by a Third-Party Service; or (vi) suspension or termination is reasonably necessary to protect the Service, the Company, or other users. The Company may also discontinue the Service or any portion thereof at any time, subject to applicable law.
Upon termination or expiration of these Terms: (a) all rights granted to you under these Terms immediately cease; (b) you must stop all use of the Service; and (c) you remain responsible for all Fees and other obligations accrued through the effective date of termination.
Following termination or expiration, the Company may disable access to your account and may delete or irretrievably remove User Content, account data, and configuration information after a commercially reasonable period, except to the extent retention is required by law, internal backup policies, audit needs, security practices, dispute resolution needs, or other legitimate business purposes. It is your responsibility to export or retain any data you require before termination.
Sections 4, 6 through 18, 19 (to the extent applicable after termination), and 20 through 23 shall survive termination or expiration of these Terms, together with any other provision that by its nature should survive.
The Company may modify, suspend, or discontinue the Service, in whole or in part, at any time. The Company may also revise these Terms from time to time. Updated Terms may be posted within the Service, on the Company’s website, or otherwise made available to you.
Unless a change is required for legal, security, or operational reasons or relates to new features, the updated Terms will become effective upon reasonable notice and, unless otherwise stated, on a prospective basis. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
The Company shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, hosting failures, platform outages, governmental action, cyberattacks, denial-of-service events, power failures, or failures or delays of Third-Party Services.
You consent to receive notices, disclosures, records, and other communications from the Company electronically, including by email, through the Service, or by posting within the Service or on the Company’s website. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.
You are responsible for keeping your account email address current and for regularly reviewing communications sent by the Company. Except where these Terms specify a different method, you may send notices to the Company at support@advisorseomax.com. The Company may update its notice contact information from time to time.
These Terms constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous proposals, understandings, agreements, representations, and communications relating to the subject matter hereof.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. No waiver by the Company of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. No failure or delay by the Company in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof.
You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without the Company’s prior written consent. Any attempted assignment in violation of the foregoing is null and void. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
The headings in these Terms are for convenience only and do not affect interpretation. The word “including” means “including without limitation.” These Terms shall not be construed against either party by reason of authorship.
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. trade sanctions, and that you will not access or use the Service in violation of any applicable export control, sanctions, or trade laws.