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Search Magnet Local
Additional Terms and Conditions 

These Search Magnet Local™ Additional Terms of Service (“SML Additional Terms”), as well as the General Terms and Conditions of Service (“Terms”), apply to the Services, as that term is defined below, that Higher Images provides to its clients (“you”).

Any capitalized terms not defined in these SML Additional Terms have the meanings given to them in the Terms of Service. In the event of a conflict between these SML Additional Terms and the Terms, the provisions of the Terms control. 

1.   Search Magnet Local™ Services. Higher Images provides website and search engine optimization (“SEO”) and online advertising services (the “Services”). As part of the Services, Higher Images may provide consulting and implementation assistance, as agreed upon in writing. The Services may include, but are not limited to (a) using specific keywords and/or phrases to improve the search engine ranking of; (b) obtaining “back links” from other related websites and directories in order to generate link popularity and traffic; (c) editing and/or optimizing text for various html tags, meta data, page titles, and page text as necessary; (d) analyzing and recommending optimal website structure, navigation, code, or other elements for best SEO purposes; (e) creating traffic and ranking reports showing rankings in the major search engines; and (f) creating blog posts and social media posts.

2.  Disclaimer. You acknowledge that Higher Images has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future, and that Higher Images does not guarantee results, and makes no guarantees about placements or positioning with third-party directories or publishers, including, but not limited to, No.1 positions or consistent top 10 positions, for any particular keyword, phrase, or search term, or for any of your sites. You further understand that SEO alone cannot be held responsible for a site’s success or failure and acknowledge that your website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory. 

3.  Costs of Revisions. You are solely responsible for maintaining and revising your web pages, content, and other materials. Higher Images is not responsible for any additional fees you incur in re-constructing, re-optimising or otherwise modifying web pages, content, or other materials, even if such changes are made pursuant to Higher Images recommendations.

Any changes you make to the website, content, or SEO strategies implemented by Higher Images may negatively affect the Services or results. Higher Images is not responsible for any negative impact on performance due to unauthorized modifications.

4.  Posting on Third Party Sites

(a) You agree that Higher Images may post content you submit on third party websites via your user account with such websites, and authorize Higher Images to do so. You agree that such authorization shall comply with the terms of service, content guidelines and policies, and any other obligations, requirements or restrictions imposed by such third-party websites and that you are subject to all obligations, requirements and restrictions set forth therein.

You acknowledge that Higher Images will not be able to remove content once it has been posted to a third-party website. If the merchant with respect to which the content was posted disputes the content, you will be contacted, and the dispute will be resolved using Higher Images’s standard dispute resolution process. 

(b)  In addition, if you have provided Higher Images with access to your user account for a third party website, you authorize Higher Images to monitor your user account with such third party website to enable Higher Images to provide you with reporting, metrics, and related information with respect to the postings made via your user account. 

(c)  You acknowledge and agree that Higher Images has no responsibility for such third party websites, or the acts or omissions of the owners of such websites, and shall have no responsibility for the availability of such third-party websites or the inclusion or removal of any Content posted thereon. 

You further acknowledge and agree that Higher Images shall not be liable for any loss, damage, claims, suits or other liabilities you may incur as a result of Higher Images posting your Content on such third-party websites.

5.  Reviews. You hereby authorize Higher Images to publish your content and content referencing you which has been submitted to the reviews portion of the Services by others, to third-party websites, such as Google and Yelp, using your account information. 

6.  Content Management

(a) Higher Images does not pre-screen material submitted through the Services. With respect to such content, Higher Images acts as a passive conduit and is not responsible for the contents of any such content. Any opinions, advice, statements, services, offers or other information in content provided by any users, clients or other third parties are those of the respective author and not of Higher Images.

(b)  Higher Images neither endorses nor guarantees the accuracy, completeness, or usefulness of any such content. 

(c)  You are responsible for ensuring that content submitted by you through the Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to Higher Images and/or the Services.

(d)  Higher Images has the right, but not the obligation, to monitor content submitted through the Services to determine compliance with these Terms and any other applicable rules that we may establish from time to time. Higher Images further has the right, in its sole discretion, to edit or remove any Content submitted to or posted in any online discussion forum or chat room provided through the Site. Without limiting the foregoing, Higher Images has the right to remove any content that Higher Images, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable. You are solely responsible for the content that you post through the Services.

7.  Indemnification. you agree to indemnify, defend, and hold harmless Higher Images, its affiliated companies, and their owners, officers, employees, directors, contractors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Higher Images Parties”) from and against any and all claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of from content you provide to Higher Images and the posting of such Content to a third-party website on your behalf, including, but not limited to,any and all claims that the content or posting of the content violates the terms of service, content guidelines and policies, and any other obligations, requirements or restrictions imposed by such third-party websites. 

8.  Third Party Statements. Higher Images is not responsible or liable for the conduct of or views, opinions and statements expressed through the Services by users and other third parties.

9.  License. If you submit any content to the Services, to the extent such content constitutes a review of a third-party website or third-party product or service, you agree that you shall not post any substantially similar content on any other commercial website that permits its users to post website, product or service reviews. Nothing in these SML Additional Terms shall prohibit you from posting such content on your personal website or blog for non-commercial purposes.

10.  No Endorsement. From time to time the Services may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Higher Images endorses such websites, and Higher Images has no responsibility for the content of such websites.