Service Guarantee
All of our services are backed up by our 100% satisfaction guarantee. We stand by this service guarantee and offer it because we are so confident that you will be completely satisfied with our friendly design and development team and the services we offer. What other company would offer you such a hassle-free, confident solution to your website and graphic design needs? Just let us know how we can help…
- If we designed your website;
- 1 Year Break Fix Policy – Anything goes wrong or down on the site, we will fix it, FREE of charge.
- 1 Year Upgrades – Software and browser compliance updates, FREE of charge.
Service Rates and Fees
At Road To Success Website Design, we are always working hard to give you the best service for the best price. When you look at the bottom line, we want you to smile with confidence. Our prices are the best in the industry!
Website Maintenance; Design
It is our prime objective to offer incomparable levels of service. Your website will grow and develop as your company does. Technology changes and changes in your service offerings, corporate image and marketing strategies mean that you will wish to update your website on a regular basis. Road To Success Website Design aims to establish strong ongoing relationships with all of our clients, we therefore offer a number of maintenance solutions designed to suit your individual company requirements.
Quality Assurance
With over 35 years combined experience in web-based activities, Road To Success Website Design has been committed to the quality of its professional services since its formation in 1990. Providing a quality service has always been a keystone in our company policy. This commitment applies to all work undertaken. Our objective is to apply our professional skill and care in a consistent and demonstrable way, contributing to the fulfillment of the needs of all those concerned with our projects.
Our strategy for achieving this quality service is to:
- Define and clarify our brief.
- – Apply our expertise in designing a smooth information flow and incorporating design elements that will best satisfy the basic requirements of our esteemed clients.
- – Constantly communicate and exchange progress details with our clients to ensure that the website is in line with the corporate image of the company.
- – Instigate a quality plan
- – Provide management that is committed to maintaining the quality of both our service and our product and ensuring that our input into the project will be carried out to the requirements of time, cost and quality and to fulfill the client’s objectives.
- – Carry out the above in a clear and demonstrable way.
Road To Success Website Design’s commitment to value driven website designing also ensures that we seek innovative design solutions with consideration to time, cost and quality. In these ways we at Road To Success Website Design are striving to maintain excellence in providing our clients with comprehensive, effective and creative consultancy service to enable them to achieve their objectives.
First Page Local And National Listings
SEO Monthly Services – Terms and Conditions
The terms and conditions set forth herein constitute the full and complete agreement between you, the (Client”) and Road To Success Website Design doing business as and hereinafter referred to as (“Road To Success Website Design“) a Division of RTS Group, Inc. Your agreement to be bound by these terms is acknowledged by your use/hiring of the Road To Success Website Design; Web Site Hosting Services, Support Services, SEO Local, National First Page Listing, Social Media Marketing Monthly Services and/or any Road To Success Website Design software and design services made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Road To Success Website Design whether oral, written or otherwise including any statements made by any representative of Road To Success Website Design at any time.
1. LOCAL AND NATIONAL LISTINGS – PERFORMANCE, RANKING, RESULTS, GUARANTEED
1.1 Guarantee – You will see 50% exposure (organic listings) on Page 1 within 90 days—after the initial setup and the first 30 days of intensive optimization—or you’ll receive a full refund. Simple as that.
1.2 Payment of Fees – As part of the SEO agreement, a one-time initial setup fee (first month payment) is required. This fee covers the first 30 days of intensive optimization. After this initial period, services will continue on a monthly basis at the rate determined by our listing specialists
The fee applies to your selected business category and the city or cities you request, which will be listed on your monthly invoice. Payments are due on the 20th of each month for the upcoming month’s services. Written notice of cancellation must be provided at least thirty (30) days in advance, on or before the 20th day of the month. Please refer to Section 3.1 for additional information.
If payment is not received by the 20th, monthly submissions and maintenance will not be performed. As a result, organic pages may drop from the first page of search results or be removed entirely. In some cases, pages may be reported to Google for removal to prevent 404 errors if the pages are no longer maintained or have been turned off. If this occurs, restarting services may require beginning a new 90-day SEO optimization process under a new agreement.
1.3 Pricing – Pricing is based on selected cities and business categories and may vary depending on factors such as the size of the city, number of business locations, size of the business, and the level of competition. Volume discounts may be available.
2. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
2.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Road To Success Website Design including but not limited to the Road To Success Website Design customer service, maintenance tools and proprietary software. EXAMPLE: Our “JUMP SAS” plug-in SEO proprietary software. You acknowledge that all right and title to any such Road To Success Website Design intellectual property shall remain the sole property of Road To Success Website Design and that you have no right, title or interest therein including any and all generated landing pages specifically design for the “JUMP SAS” plug-in SEO software and SEO monthly services provided. You further agree not to provide access to the Road To Success Website Design servers by means of; cPanal, ftp or any other connection whatsoever to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Road To Success Website Design Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Road To Success Website Design service shall also remain the sole property or Road To Success Website Design.
2.2 During the term of this agreement you may have access to certain information and materials relating to the Road To Success Website Design business, customers, software technology and marketing which Road To Success Website Design treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Road To Success Website Design; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
2.3 You are the sole owner of any information that you post within your account area. Road To Success Website Design does not normally review or edit the information posted within your account. Notwithstanding the above Road To Success Website Design specifically reserves all right to edit, change, remove or delete any information posted in violation of this policy, the Road To Success Website Design Acceptable Use Policy or any applicable law, order or public policy. Road To Success Website Design is not your partner, associate, joint venturer or agent with respect to any information placed by you on the Road To Success Website Design servers.
3. TERM AND TERMINATION
3.1 Unless terminated as provided herein, this Agreement will extend as a month to month service indefinitely after the first 90 days. After the initial 90 day period, Client may terminate this Agreement without cause upon thirty (30) days written notice. In the event of termination without cause, Client agrees to pay Road To Success Website Design for all work performed up to the date of termination, plus the final payment for the last 30 days (30 days notice) of the SEO services. In the event of written notice being received after the 20th of the following month, full payment is due at the time of the notice date. Either party may terminate this Agreement for material breach, provided, however, that the terminating party has given the other party at least ten (10) days written notice of and the opportunity to cure the breach. Termination for breach will not alter or affect the terminating party’s right to exercise any other remedy for breach.
4. SUSPENSION AND TERMINATION4.1 Suspension – At the sole option of Road To Success Website Design for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Road To Success Website Design Acceptable Use Policy, Road To Success Website Design may suspend your account by deactivating any access by you and/or by web users to any information contained on the Road To Success Website Design servers related to your account while maintaining the information and data related to your account upon the Road To Success Website Design servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account including Our “JUMP SAS” plug-in SEO proprietary software. As state in paragraph 2.1 You acknowledge that all right and title to any such Road To Success Website Design intellectual property shall remain the sole property of Road To Success Website Design and that you have no right, title or interest therein including any and all generated landing pages specifically design for the “JUMP SAS” plug-in SEO software and SEO monthly services provided. You further agree not to provide access to the Road To Success Website Design servers by means of; cPanal, ftp or any other connection whatsoever to any third party. You agree yourself and not to assist any third party in any way to use, translate, de-compile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Road To Success Website Design Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Road To Success Website Design service shall also remain the sole property or Road To Success Website Design. In the event of any such suspension you will be notified. At the option of Road To Success Website Design you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 3.1. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
4.2 Termination – This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Road To Success Website Design servers. Such information or data may or may not be made available to you by Road To Success Website Design after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 4.1 or (b) except as otherwise stated herein by either party upon 45 days notice in advance of a renewal period for any reason. In the event the client chooses not to renew services, the 45 days applies for requesting a copy of your website, less the generated landing pages specifically design for the “JUMP SAS” plug-in SEO software and SEO monthly services we provided. This will be granted (a) if within the 45 day window, (b) That there are no open invoices for services provided. The account must be paid in full.
4.3 In the event of termination under paragraph 4.2 there will be no refund provided to you. In addition, Road To Success Website Design may charge you a 30 day termination fee not to exceed the 1 months (SEO) service fee if; (a) account goes more than 30 days delinquent or (b) proper notice of termination was not given. NOTE: Should there have been any special promotions or discounts in place as a part of the original agreement, they would be VOID and full price, less discount would apply. The assessment of this termination fee shall not affect the rights of Road To Success Website Design to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under California Law.
Website “Rent To Own”
Terms and Conditions
1.1 Agreement Overview – The Website “Rent To Own” program allows the client to obtain a professionally designed website through affordable monthly payments rather than paying the full design cost upfront. During the term of the agreement, the website remains the property of Road To Success Website Design (hereafter referred to as “the Company”) until the balance has been paid in full.
1.2 Initial Payment and Monthly Fees – The first month’s agreed fee, including the full year of web hosting, is due at the start of the agreement and must be paid prior to the start of development or deployment of the website. Monthly payments include the agreed service fee plus any applicable monthly accruing interest associated with the website design balance.
1.3 Payment Schedule – Monthly payments are due on the 20th of each month. Late payments may result in temporary suspension of services or website visibility until the account is brought current.
1.4 Ownership During the Rent Period – During the “Rent To Own” term, the website, including its design, code, structure, hosting environment, and associated assets, remains the property of Road To Success Website Design. Clients are granted the right to use the website for business purposes during this period but do not obtain ownership rights until the balance has been paid in full.
1.5 Access and Login Credentials – Administrative login credentials, hosting access, and transfer rights will not be provided during the “Rent To Own” period. Full administrative access will be granted only after the website design and development balance has been paid in full.
1.6 Required Monthly SEO Services – Active monthly SEO services must be maintained for the entire duration of the “Rent To Own” agreement. These services support the ongoing optimization, performance, and visibility of the website. Discontinuation of SEO services may result in termination of the “Rent To Own” arrangement unless the remaining balance is paid in full.
1.7 Required Yearly Hosting Services – Active web hosting must be maintained by Road To Success Website Design for the entire duration of the “Rent To Own” agreement. These services ensure the website remains accessible, secure, and performs reliably. Discontinuation of hosting may result in termination of the “Rent To Own” arrangement unless the remaining balance is paid in full.
1.8 Cancellation of Services – If the client wishes to cancel the monthly SEO services or terminate the “Rent To Own” agreement early, a minimum of thirty (30) days written notice is required. Upon cancellation, the remaining balance of the website design and development cost becomes immediately due and payable to Road To Success Website Design.
1.9 Early Payoff Option – Clients may choose to pay off the remaining website balance early at any time. In such cases, any future interest that would have accrued may be waived or adjusted at the discretion of Road To Success Website Design. A statement of the adjusted payoff amount will be provided upon request.
1.10 Transfer of Ownership – Once the website design and development balance has been paid in full, ownership of the website will be transferred to the client. This includes the website files, design assets created specifically for the client, and administrative login credentials.
1.11 Delivery of Credentials – Following full payment, login credentials and administrative access to the website and associated systems will be delivered to the client within seven (7) business days.
1.12 Non-Payment – Failure to maintain required monthly payments may result in suspension of the website, removal from search visibility, or termination of the agreement. Any previous payments made will be treated as rental fees for use of the website during the active period of the agreement.
1.13 Modifications – Additional design work, functionality upgrades, or major changes outside the original project scope may require separate agreements or additional fees.
1.14 Domain Renewal and Costs – The client is solely responsible for the renewal of the website domain name and any associated costs. The domain registrar or service provider may charge fees for renewal, transfer, or other services, which are the responsibility of the client. The Company is not liable for any lapse in domain registration or service interruptions caused by non-payment to the domain registrar; however, Road To Success Website Design is available to provide guidance or assistance if needed to help manage domain-related tasks.
Web Hosting
Terms and Conditions
The terms and conditions set forth herein constitute the full and complete agreement between you, the (Client”) and Road To Success Website Design doing business as and hereinafter referred to as (“Road To Success Website Design“). Your agreement to be bound by these terms is acknowledged by your use of the Road To Success Website Design Web Site, Hosting Services, Support Services and/or any Road To Success Website Design software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Road To Success Website Design whether oral, written or otherwise including any statements made by any representative of Road To Success Website Design at any time.
1. FEES; PAYMENT OF FEES
1.1 Fees – Road To Success Website Design charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
1.1.1 Set-Up Fee – This is a one time fee may that be charged in connection with the establishment of a new account.
1.1.2 Service Fee – This is the fee for your monthly, annual or bi-annual web hosting services.
1.1.3 Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
1.1.4 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
1.2 Road To Success Website Design also reserves the right to alter, change, amend or delete fees at it’s sole option. Road To Success Website Design further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.3 Road To Success Website Design reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Road To Success Website Design also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
Payment of Fees – Road To Success Website Design accepts payment by Credit Card (Visa, MasterCard), and by personal check, cashiers check, electronic check, or money order. In addition, Road To Success Website Design may from time to time allow additional forms of payment however the offering of a particular form of payment does not obligate Road To Success Website Design to continue to offer that form of payment in the future. If you have any questions concerning the current available payment options contact us at: info@theseokings.com.
1.5 Payment by Credit Card and Electronic Check
1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Road To Success Website Design to charge your provided credit card or bank account and at stated regular intervals the agreed service fee amount for the stated period together with any Road To Success Website Design set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize Road To Success Website Design to charge your credit card or bank account for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with Road To Success Website Design for the purpose of satisfying the Road To Success Website Design charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Road To Success Website Design under Paragraph 8 herein. An administrative fee of $38.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Road To Success Website Design under Paragraph 8 herein.
1.6 Payment by Check, Money Order
1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States . Road To Success Website Design is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Road To Success Website Design. Invoices will be submitted to at the email address on file for you as a courtesy only and you agree to receive such invoices via email. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Road To Success Website Design. An administrative fee of $38.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Road To Success Website Design under Paragraph 8 herein.
1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Road To Success Website Design a sufficient time before the expiration of the current service period so that it reaches Road To Success Website Design in advance of the renewal date.
1.7 Road To Success Website Design 30 Day Limited Money-Back Guarantee
2. WEB HOSTING SERVICES
For the term of the agreement as set forth herein Road To Success Website Design agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Road To Success Website Design reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Road To Success Website Design website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Road To Success Website Design Website located atwww.xtremehostingservices.com. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
3. ACCEPTABLE USE
Road To Success Website Design strictly enforces compliance with its acceptable use policy which may be found on the Road To Success Website Design partners website (see links below). The terms of the acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the acceptable use policy. Failure to so comply is cause for immediate suspension and/or termination under paragraph (8) herein. Road To Success Website Design reserves the right to refuse to provide service to anyone at their sole option.
4. LICENSE
Road To Success Website Design, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Road To Success Website Designs’ Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Road To Success Website Design. Any other assignment is null and void.
5. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
5.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Road To Success Website Design including but not limited to the Road To Success Website Design customer service, maintenance tools and proprietary software. EXAMPLE: Our “JUMP SAS” plug-in SEO proprietary software. You acknowledge that all right and title to any such Road To Success Website Design intellectual property shall remain the sole property of Road To Success Website Design and that you have no right, title or interest therein including any and all generated landing pages specifically design for the “JUMP SAS” plug-in SEO software and SEO monthly services provided. You further agree not to provide access to the Road To Success Website Design servers by means of; cPanal, ftp or any other connection whatsoever to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Road To Success Website Design Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Road To Success Website Design service shall also remain the sole property or Road To Success Website Design.
5.2 During the term of this agreement you may have access to certain information and materials relating to the Road To Success Website Design business, customers, software technology and marketing which Road To Success Website Design treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Road To Success Website Design; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
5.3 You are the sole owner of any information that you post within your account area. Road To Success Website Design does not normally review or edit the information posted within your account. Notwithstanding the above Road To Success Website Design specifically reserves all right to edit, change, remove or delete any information posted in violation of this policy, the Road To Success Website Design Acceptable Use Policy or any applicable law, order or public policy. Road To Success Website Design is not your partner, associate, joint venturer or agent with respect to any information placed by you on the Road To Success Website Design servers.
6. TERM
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of the presently available plans is available on the Road To Success Website Design website located atwww.theseokings.com.
7. SUSPENSION AND TERMINATION
7.1 Suspension – At the sole option of Road To Success Website Design for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Road To Success Website Design Acceptable Use Policy, Road To Success Website Design may suspend your account by deactivating any access by you and/or by web users to any information contained on the Road To Success Website Design servers related to your account while maintaining the information and data related to your account upon the Road To Success Website Design servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Road To Success Website Design you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 7.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
7.2 Termination – This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Road To Success Website Design servers. Such information or data may or may not be made available to you by Road To Success Website Design after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 7.1 or (b) except as otherwise stated herein by either party upon 45 days notice in advance of a renewal period for any reason.
7.3 In the event of termination under paragraph 7.2(a) there will be no refund provided to you. In addition, Road To Success Website Design may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Road To Success Website Design to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under California Law.
8. INFORMATION USAGE AND COMMUNICATIONS
8.1 You hereby consent and agree that as to any information which Road To Success Website Design may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Road To Success Website Design concerning you or your account, or other information which in Road To Success Website Design sole judgment is reasonable, Road To Success Website Design may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Road To Success Website Design and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Road To Success Website Design Terms of Service or other policies.
8.2 During and after the term of this agreement you agree to receive periodic emails from Road To Success Website Design in regards to Road To Success Website Design or partner products, services, your account, and system conditions, changes, updates or and schedules.
8.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Road To Success Website Design specifically including your name, address, email address, telephone number, billing information, site login passwords and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and/or termination as set forth in paragraph eight (8) herein.
8.4 It is imperative that Road To Success Website Design maintain updated website logins credentials at all times. This includes but not limited to an assigned admin user (webdev) for Road To Success Website Design administrative purposes only. This allows us to update and maintain all security features, as well as maintain security plug-ins, example: iThemes Security. At no time should these plug-ins, example: iThemes Security be removed or disabled for any reason. Any security features; users, plug-ins removed or disable, compromising the hosting server is strictly prohibited. These types of changes are against Road To Success Website Design hosting policy, and should any such changes take place, administration rights may be revoked immediately and a 30 day notice to transfer your site to another hosting provider will be strictly enforced at the customers expense.
9. NOTICE
9.1 Any notice under this agreement shall be given by Road To Success Website Design to you via email at the address provided by you to Road To Success Website Design at the commencement of this agreement or as Road To Success Website Design is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email.
9.2 Any notice by you to Road To Success Website Design shall be made by telephone to a customer service representative at 310.804-2632 during Road To Success Website Design regular business hours of 9:00 a.m. to 6:00 p.m. Pacific Standard Time and is effective only upon receipt by Road To Success Website Design of any such notice. Such notice may also be sent via United States Mail to the following Address:
10. SURVIVAL
Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 21, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
11. WARRANTEES AND LIMITATIONS
11.1 Road To Success Website Design makes every reasonable effort to maintain operation of the Road To Success Website Design servers however because as many events and circumstances are beyond the control of Road To Success Website Design, Road To Success Website Design does not in any way warrant or otherwise guarantee the availability of the Road To Success Website Design system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Road To Success Website Design.
11.2 ROAD TO SUCCESS WEBSITE DESIGN SERVERS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, Road To Success Website Design has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Road To Success Website Design accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Road To Success Website Design provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Road To Success Website Design system.
11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO ROAD TO SUCCESS WEBSITE DESIGN IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL ROAD TO SUCCESS WEBSITE DESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
11.6 Road To Success Website Design provides Web Hosting Services to clients in the form of a partnership with GoDaddy.com and by using Road To Success Website Design Web Hosting Services you agree to the terms of service provided by GoDaddy.com. By using Road To Success Website Design web hosting services you acknowledge that you have read and agree to the terms and policy of the above partner. The terms of service are available at the following URL, which may or may not be up to date.
12. INDEMNITY
12.1 You agree to fully defend and indemnify and hold harmless Road To Success Website Design of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Road To Success Website Design in any way related to your use of the Road To Success Website Design service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless Road To Success Website Design of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Road To Success Website Design service or any portion thereof. Choice of counsel remains exclusively that of Road To Success Website Design
12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Road To Success Website Design of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Road To Success Website Design.
13. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
13. U.S. EXPORT CONTROLS
Software available in connection with the Road To Success Website Design services is subject to United States export controls. No Software may be downloaded from Road To Success Website Design or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
14. ASSIGNMENT
Your rights under this agreement may be assigned only upon prior notice and express approval by Road To Success Website Design. Road To Success Website Design may assign it’s rights hereunder to any person or entity who shall become a principal owner, or shareholder of Road To Success Website Design. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
15. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
16. CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
17. NO AGENCY
Notwithstanding any other provision of this agreement, Road To Success Website Design is not your agent, partner or joint venturer in any respect.
18. AMENDMENT
Road To Success Website Design may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Road To Success Website Design web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
19. REQUIRED NOTICES
19.1 Copyright Infringement Claims – Any notice concerning any claim of copyright infringement should be addressed to RTS Group, Inc, COPYRIGHT INFRINGEMENT CLAIM, 525 East Seaside Way, Suite 2011 – Long Beach, CA 90802 – Telephone(800) 376-7912, Facsimile (888) 854-5663.
19.2 California – Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Road To Success Website Design service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.
