Green Lotus Tools Products & Services Terms of Service
All fees and charges are non-refundable.
Green Lotus SEO Tools (hereinafter “Service”) is an innovative online solution that empowers you with a detailed website promotion action plan and provides a set of professional SEO tools to track your SEO efforts.
For the purposes of these Terms of Service (hereinafter “Terms”) “you” and “your” shall mean an individual or a legal entity, and its directors, officers, employees agents, representatives and others for whom it is responsible at law, that is eligible to be bound by these Terms.
2. Legal Agreement
Green Lotus provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Green Lotus Website and/or upgrading to one of the service plans offered therein, you are stating that you are eligible for a user account.
By accepting these Terms or by using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you must leave the Website and discontinue using the Service immediately.
If you are using the Service on behalf of any other person, company, entity, organization or third party, you represent and warrant that you are authorized to accept these Terms on such third party’s behalf, and that you and such third party jointly and severally agree to indemnify and save harmless Green Lotus and its directors, officers, employees agents and representatives (“Green Lotus Group”) from any liabilities, actions, demands, judgments, losses, costs, damages and expenses (“Losses”) of any kind sustained by Green Lotus Group arising from a violation by you of these Terms.
Green Lotus reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Green Lotus website located at http://greenlotus.ca/seo-tools/terms-of-service, and shall take effect immediately thereafter. For greater clarity, it is your responsibility to check this website from time to time to apprise yourself of any changes to the Terms.
You agree to be bound to any changes of these Terms when you use the Service after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase to understand the terms and conditions that apply to your use of the Service.
To start using the Service you need to register on the Green Lotus SEO Tools Website and provide your email address and password. The provided email address and password are used to create your login account and let you sign in to SEO Tools.
You agree to provide accurate and current information about yourself as may be prompted by the registration form, maintain the security of your password and accept all risks of unauthorized access to your password. Green Lotus does not warrant in any way that any data may not be intercepted for illegal purpose. You agree that you shall indemnify and save harmless Green Lotus Group from any Losses arising from the content and operation of your account. Except as set out in these Terms, Green Lotus assumes no responsibility for the content, results or operation of your account, your data or any Green Lotus website or domain.
4. Grant of Right to Use
Subject to these Terms and any restrictions imposed by any governmental authority or applicable laws, regulations, ordinances, judgments, orders or policies set forth by any authorized governmental body, Green Lotus grants to you a limited, revocable, non-exclusive right to use the Service solely as provided in your Service Plan. The scope of permitted report runs, keywords, search engines, and other attributes of your Service depends on your selected Service Plan. You may use the Service during the subscription period, provided you have paid and continue to pay the subscription fees, when and as applicable. Your Service Plan is non-transferable.
We hereby acknowledge your right and ownership to the data contained in the Service reports. Green Lotus shall have the right to utilize the data contained in the Service reports for trends assessment, aggregation analysis, case studies, development of new Green Lotus products and survey generation, and for these purposes, Green Lotus agrees that any data so used shall be anonymized to protect the confidentiality of such data. During the subscription period Green Lotus shall grant to you the right to:
– reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports developed for you; and
– transmit and/or publish the Service reports.
You may not use the Service for (a) any purpose contrary to any applicable law or regulation, (b) any fraudulent, illegal or immoral purpose, (c) any purpose which directly interferes with the use of services provided to any other customer of Green Lotus
The granted right shall terminate immediately when you fail to comply with these Terms, and Green Lotus may thereupon, in its sole discretion, suspend or terminate your account, terminate this agreement and/or the Services and pursue you for any applicable charges and fees. Green Lotus reserves the right to monitor and inspect your Service account and its activities from time to time.
You agree that Green Lotus may use your name, corporate name (if applicable) and logo (if applicable) to identify you as a user and client of the Services and in Green Lotus’ promotional portfolio.
5. Terms of Payment and Refunds
The Service is provided to registered users based on a selected subscription to a paid Service Plan. When users upgrade from a free trial Service Plan to any paid Service Plan, they agree to pay forthwith, or at such time specified by Green Lotus, all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought (“Subscription Fees”).
All subscriptions are billed in the Billing section of the Service Website where a registered user provides personal and credit card details. All transactions respecting Subscription Fees are processed via PayPal secure services and, in the event you elect, at any time during the Term, to pay Subscription Fees using an active PayPal account, you will (a) be solely responsible for the security of your PayPal account and (b) provide Green Lotus with all necessary details as to your PayPal account to expedite and process all required payments of Subscription Fees. Notwithstanding anything else in these Terms and Conditions, Green Lotus assumes no responsibility or liability whatsoever for any failure to receive Subscription Fees from you due to any fault, defect or non-performance by PayPal Inc. or any of its subsidiary, parent, affiliated or related companies (”PayPal”) and, for greater clarity, you must look solely to PayPal for redress and remedy in the event any Subscription Payment has been lost or improperly processed and you shall remain liable to Green Lotus for all outstanding Subscription Fees until received by Green Lotus. Green Lotus shall charge a user’s credit card in accordance with the following rules:
- The billing period shall be 1 month, 3 month, 6 months or 12 months and shall be selected by the Service users upon changing or upgrading their Service Plan.
- When users upgrade from a free Service Plan to any paid Service Plan, an invoice shall be issued and their credit card shall be charged automatically upon upgrading and on the first day of every following 1-month, 3-month, 6-month or 12-month billing period to renew their subscription to a current paid Service Plan for a subsequent billing period. For any Service Plan upgrade that occurs on other than the first day of any month, you will be issued an invoice that reflects a pro-rata apportionment of the applicable period’s charges (be it 1 month, 3 months, 6 months or 12 months) for the period of time during which the applicable Service Plan is in effect.
- Unless you provide Green Lotus notice to the contrary at least 30 days prior to the end of the billing period applicable to your Service Plan and/or any Renewal Term (as defined below), the Service Plan shall renew automatically for a further term equal to the term of your current Service Plan (in each case a “Renewal Term”).
- If there are insufficient funds on the Service account and/or on a user’s credit card or if your credit card becomes inactive to renew a subscription to the current Service Plan for another billing period, you will have a period of fifteen (15) days from the date Green Lotus notifies you of the existence of any of the above circumstances to provide sufficient funds on their Service account or credit card to pay all Subscription Fees in full as and when due, failing which Green Lotus reserves the right to suspend all Services to you.
- All charges to your credit card are reflected in the Service invoices that can be found in the Billing history of the Billing section of the Service Website.
- Unless stated otherwise in writing, all Service fees and charges are non-refundable.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR USER ACTIVITIES ON THE SERVICE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation on liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR GREEN LOTUS TO PROVIDE THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED DOLLARS ($200.00). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GREEN LOTUS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You may terminate these Terms at any time by logging in to your account at http://greenlotus.ca/my-account and cancelling services. Green Lotus may terminate these Terms if you breach or violate these terms and do not cure such breach within any time period provided for cure. The termination shall be effective immediately or as may be specified in the notice.
Upon notification of termination by either party, you must immediately cease using the Service. In the event of any termination, you shall not be entitled to any refunds of any Subscription Fees, any other fees, or any outstanding balance for Service rendered through the date of termination.
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada without regard to conflict of laws principles. Any action relating to these Terms must be brought in the Provincial courts located in Toronto, Ontario and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum, including but not limited to any claim as to the location of the data and Service, whether in the cloud or otherwise.
In the event circumstances arise beyond Green Lotus’ reasonable control or foreseeability, including but not limited to an event which would constitute force majeure (i.e. flood, earthquake, lightning, tempest, fire, act of God, insurrection, riot, strike or labour dispute, terrorism) which adversely affects the provision of the Service by Green Lotus, Green Lotus shall not be liable to you by reason of the occurrence of such event or circumstance, however Green Lotus shall notify you of the occurrence or event and shall take reasonable steps to minimize the time period of any delay or inability to use the Service.
The Terms constitute the entire agreement between you and Green Lotus and govern your use of the Service, superseding any prior agreements between you and Green Lotus. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full.
You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void. The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect. These Terms shall be read with the changes in gender or number appropriate to the context. Green Lotus and you are independent contractors and no relationship of agency, joint venture, employer-employee or similar relationship is formed due to these Terms, and neither you or Green Lotus has any ability to bind the other to any contractual arrangements with third parties.
You and Green Lotus agree to do all additional acts and execute all additional documents to give best effect to these Terms. These Terms enure to the benefit of and are binding on your and Green Lotus’ respective heirs, executors, assigns and personal representatives.
Green Lotus reserves the right to have a third party provide the Service and shall notify you if this is the case. Green Lotus shall remain responsible for any of its obligations under these Terms. If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.