Terms and Conditions
Last Updated on July 24, 2024
PURPOSE OF THIS AGREEMENT
Welcome to Close Rate PtyLtd. This Agreement sets forth Your rights and obligations as a Close Rate PtyLtd User. By clicking “I Agree,” You indicate that You have read and understoodthis Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OFUSE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVERWWW.LANDINGPAGELABS.CO, WWW.CLOSERATE.CO, WWW.SALESPAGES.CO, OR ANY OF THEIRSUBDOMAINS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OFLIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.landingpagelabs.co, www.closerate.co, www.salespages.co(hereafter “Website”), which is owned and maintained by Close Rate Pty Ltd(“Close Rate,” “we,” “our,” “us”), is governed by the terms and conditions setforth below. We offer the Website, including all information, tools, andservices available from the Website to you, the user, conditioned upon youracceptance of all terms and conditions stated here. By accessing, using,subscribing, or placing an order over the Website, you and your business agreeto the terms set forth herein. If you do not agree to these terms andconditions in their entirety, you are not authorized to use the Website in anymanner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE(“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT(“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND CLOSE RATE PTY LTD.THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICESPROVIDED BY CLOSE RATE PTY LTD, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BYTELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE ORATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THEWEBSITE.
Close Rate Pty Ltd reserves the right to update and change, from time to time,these Terms and all documents incorporated by reference by posting updatesand/or changes to our Website. It is your responsibility to check this pageperiodically for changes. You can find the most recent version of these Termsat www.landingpagelabs.co/terms-and-conditions. Use of the Website after suchchanges constitutes acceptance of such changes. Any new features or tools whichare added to the current Website shall also be subject to the Terms.
Tableof Contents
- WebsiteUse
- Compliancewith Applicable Laws
- Jurisdiction
- WebsiteUser Conduct and Restrictions
- PrivacyPolicy
- Currency
- Products,Services, and Prices
- ImportantDisclosures
- AdviceDisclaimer
- Testimonials,Reviews, and Media
- Disclaimersof Warranties
- Limitationsof Liabilities
- NoGuarantee of Results
- Arbitration
- AdditionalRemedies
- Indemnification
- Noticeand Takedown Procedures
- Third-PartyLinks
- Termination
- NoWaiver
- Assignment
- ElectronicSignature
- Changesto the Agreement
- AdditionalRepresentations and Warranties
- Severability
- EntireAgreement
- ContactingUs
1. SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use theWebsite, you are affirming that you are at least 18 years old or the legal ageof majority in your state or province of residence (whichever is greater),operate a business, have the legal capacity to enter into a binding contractwith us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – COMPLIANCE WITH APPLICABLE LAWS
The Website and Services are based in Australia. We make no claims concerningwhether the Website, Services, and components related to the Services may bedownloaded, viewed, or be appropriate for use outside of Australia. If youaccess the Websites or Services from outside Australia, you agree that you doso at your own risk. Regardless of your location, you agree that you are solelyresponsible for ensuring compliance with all applicable laws within yourspecific jurisdiction. The laws of Victoria, Australia apply to these terms,and the parties submit to the exclusive jurisdiction of the courts of Victoria,Australia.
SECTION 3 - JURISDICTION
The laws of Victoria govern these Terms of Use and our Privacy Policy, and eachparty submits to the exclusive jurisdiction of the courts of Victoria,Australia.
SECTION 4 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright,trademark, and other intellectual property laws, including all content,information, design elements, text material, logos, taglines, metatags,hashtags, photographic images, testimonials, personal stories, icons, video andaudio clips, and downloads. No material on the Website may be copied,reproduced, distributed, republished, uploaded, displayed, posted, ortransmitted in any way whatsoever. Nothing herein gives you the right to use,copy, register as a domain name, reproduce, or otherwise display any logo,tagline, trademark, trade name, copyrighted material, patent, trade dress,trade secret, or confidential information owned by Close Rate Pty Ltd.
Subject to your continued strict compliance with all Terms, Close Rate Pty Ltdprovides to you a revocable, limited, non-exclusive, royalty-free,non-sublicenseable, non-transferrable license to use the Website. Youacknowledge and agree that you do not acquire any ownership rights in anymaterial protected by intellectual property laws.
You agree not to use or attempt to use the Website, or any software provided byClose Rate Pty Ltd, whether alone, or in conjunction with other software orhardware, in any unlawful manner or a manner harmful to Close Rate Pty Ltd. Youfurther agree not to commit any harmful or unlawful act or attempt to commitany harmful or unlawful act on or through the Website or through use of anysoftware or hardware including, but not limited to, refraining from:
A. HARMFUL ACTS.
Any dishonest or unethical business practice; any violation of the law;infliction of harm to Close Rate Pty Ltd’s reputation; hacking and otherdigital or physical attacks on the Website; and the violation of the rights ofClose Rate Pty Ltd or any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for spam and unsolicited communications. Anycommunications sent or authorized by you reasonably deemed “spamming,” or anyother unsolicited solicitations (including without limitation postings onsocial media or third-party blogs) will be deemed a material threat to CloseRate Pty Ltd’s reputation and to the rights of third parties. It is yourobligation, exclusively, to ensure that all business communications comply withstate and local anti-spamming or analogous laws.
SECTION 5 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personalinformation. Your submission of personal information through the Website isgoverned by our Privacy Policy. Our Privacy Policy may be viewed atwww.landingpagelabs.co/privacy-policy. Close Rate Pty Ltd reserves the right tomodify its Privacy Policy in its reasonable discretion from time to time. OurPrivacy Policy is incorporated into this Agreement by reference.
SECTION 6 – CURRENCY
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, butare subject to change: www.landingpagelabs.co. Close Rate Pty Ltd reserves theright, without notice, to discontinue products or services or modifyspecifications and prices on products and services without incurring anyobligation to you. Except as otherwise expressly provided for in these Terms,any price changes to your subscription or purchase of product(s) or serviceswill take effect following email notice to you.
Close Rate Pty Ltd takesreasonable steps to ensure that the prices set forth on the Website arecorrect, and to accurately describe and display the items available on theWebsite. If the correct price of our product is higher than its stated price,we will, at our discretion, either contact you for instructions or cancel yourorder and notify you of such cancellation.
SECTION 8 – IMPORTANT DISCLOSURES
(A) READY FOR REVIEW IN 72 HOURS
The term "READY FOR REVIEW IN 72 HOURS" shall mean that the landingpage copy and design will be prepared and ready for your review withinseventy-two (72) hours, which equates to three (3) business days. The codingand development of the landing page will commence only upon receipt of yourfeedback. The timeline for the live page is contingent upon the promptness ofyour feedback. While we strive to meet this timeline, there may be instanceswhere unforeseen circumstances prevent us from doing so. We will make everyeffort to adhere to this timeline, but we will not be held liable for anydelays, nor will we provide any discount or compensation for failing to meetthis deadline, regardless of the reason. If you are dissatisfied due to adelay, you may exercise our "ONLY PAY IF YOU'RE HAPPY" guarantee.However, if we exceed our three-day effort, it is typically because we arestriving to meet a quality objective.
(B) ONLY PAY IF YOU'RE HAPPY OFFER
Our "ONLY PAY IF YOU'RE HAPPY" offer allows you to review the landingpage copy and design without any obligation to pay should you be dissatisfied.This offer, however, becomes null and void upon the provision of feedback,approval for coding, or any payment made. The landing page copy and designremain the property of Landing Page Labs until full payment is received. Shouldyou opt to claim this offer, you will not retain any page assets.
(C) LIMITATION OF "MAKE MORE FROM YOUR ADS" MESSAGING
While a superior landing page may enhance ad results, numerous external factorsmay influence the outcome. Despite our expertise and diligent efforts, wecannot guarantee that a landing page will render your advertisements profitabledue to market conditions, customer value, ad quality, and other variablesbeyond our control. We endeavor to create high-converting landing pages butmake no guarantee of specific results or return on investment.
(D) COST COMPARISON CLAIMS
Our claim that our services cost "1/5TH THE COST OF AN AGENCY BUT AT THESAME LEVEL" is predicated on our experience and observations of leadingdigital agencies charging between seven thousand five hundred dollars ($7500)and eight thousand dollars ($8000) for landing pages. Through our industryexperience, market research, and having team members who have worked at topagencies, we know that our processes and the quality of our deliverables are onpar with those of said agencies.
(E) EDIT POLICY
You are entitled to one (1) round of edits. Payment must be received in fullprior to the execution of these edits and before granting you access andownership of the landing page. Any additional edits beyond the initial roundwill incur additional charges, and we reserve the right to withhold access andownership until such payments are received.
(F) RESPONSIBILITY FOR RECOMMENDED AGENCY PARTNERS
We make every possible effort to recommend agency partners with a proven trackrecord of great performance and who we believe will be a good fit for yourbusiness. However, we disclaim any and all responsibility, liability, and anyother claims for their results, performance, any delays they may incur, or anyloss caused. Close Rte shall not be held liable if these agencies fail todeliver the anticipated results for your business for any reason. By acceptingour recommendations, you acknowledge that you do so at your own risk.
(G) FOOTER CREDIT
By procuring a landing page from Close Rate, you consent to the inclusion ofthe text "MADE WITH LOVE AND SCIENCE BY LANDING PAGE LABS" or similarin the footer of your page. This credit will include a hyperlink directing backto our website. This credit is a condition of our service and is not subject toremoval or modification, unless we provide written approval.
(H) CASE STUDY RIGHTS
Upon receipt of payment and the transfer of ownership of the landing page toyou, Close Rate reserves the right to feature the landing page as a case studyon our website and in our marketing materials. This includes, but is notlimited to, screenshots, descriptions of the project, and performance metrics(if available and agreed upon). You agree to grant us the rights to use thelanding page and your logo in all materials and for all jurisdictions withoutany compensation.
SECTION 9 – ADVICE
The information given to you through this Website or via our services does notconstitute professional legal, accounting, investment, tax, real estate,medical, psychological, financial or other professional advice and is generalin nature. It is not tailored to you and does not take into account yourspecific circumstances nor does it verify the truthfulness and accuracy of whatyou tell us about yourself and your business, and it should not be acted uponwithout full understanding of your current situation and future goals andobjectives. You are responsible for making the determination as to whether theinformation given to you by us is suitable to your needs. We don’t guaranteeresults or offer legal advice, nor are we responsible for compliance in yourindustry. Close Rate Pty Ltd accepts no liability for any loss or damagewhatsoever arising out of the use of this website, the services, or reliance onthe content of the Website or services.
SECTION 10 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Close Rate Pty Ltd is pleased to hear from users and customers and welcomesyour comments regarding our services and products. Close Rate Pty Ltd may usetestimonials and/or product reviews in whole or in part together with the name,city, and state of the person submitting it. Testimonials may be used for anyform of activity relating to Close Rate Pty Ltd’s services or products, inprinted and online media, as Close Rate Pty Ltd determines in its sole andexclusive discretion. Testimonials represent the unique experience of theparticipants and customers submitting the testimonial and do not necessarilyreflect the experience that you and your business may have using our servicesor products. Your business’ results will vary depending upon a variety offactors unique to your business and market forces beyond Close Rate Pty Ltd’scontrol. Note that testimonials, photographs, and other information that youprovide to us will be treated as non-confidential and non-proprietary, and, byproviding them, you grant Close Rate Pty Ltd a royalty-free, worldwide,perpetual, non-exclusive and irrevocable license to use them.
Additionally, Close Rate Pty Ltd reserves the right to correct grammatical andtyping errors, to shorten testimonials prior to publication or use, and toreview all testimonials prior to publication or use. Close Rate Pty Ltd shallbe under no obligation to use any, or any part of, any testimonial or productreview submitted.
Unless expressly stated otherwise herein, any information submitted by youthrough this Website shall be deemed non-confidential and non-proprietary. Yourepresent that you have the lawful right to submit such information and agreethat you will not submit any information unless you are legally entitled to doso and always in a manner that could not damage our business interests orreputation (including that you will not submit any information to defame ordisparage us, or to harass, bully or unlawfully discriminate against staff orthird parties; or to make false or misleading statements).
You hereby assign and grant to us a worldwide, non-exclusive, perpetual,irrevocable, royalty-free, transferable, sublicensable right, title andinterest to use and incorporate into the Website (or for any other use) anysuggestion, enhancement request, recommendation, correction or other feedbackprovided by you relating to the Website. We will not be obligated to credit youfor such feedback or hold any such feedback in confidence.
Any ideas disclosed to us outside of a pre-existing and documented confidentialbusiness relationship are not confidential and we may therefore develop, useand freely disclose or publish similar ideas without compensating you orattributing to you. By submitting an idea or other detailed submission to usthrough this Website, you agree to be bound by these Terms.
SECTION 11 – DISCLAIMERS OF OTHER WARRANTIES EXCEPT WHERE OTHERWISEINAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALLCONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OFTITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS ANDWARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT:
(A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,SOFTWARE, SYSTEM OR DATA,
(B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OREXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHERMATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOURREQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR
(F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OFTHIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW.
You agree to protect,defend, indemnify, and hold harmless Close Rate Pty Ltd, its officers,directors, employees, owner(s), and parent company(ies) and assigns from andagainst all claims, demands, and causes of action of every kind and characterwithout limit arising out of Your conduct. Your indemnity obligation includes,but is not limited to, any third-party claim against Close Rate Pty Ltd forliability for payments for, damages caused by, or other liability relating to,You.
SECTION 12 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALLCLOSE RATE PTY LTD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLEFOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, ORANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THISAGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRDPARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT,REGARDLESS OF WHETHER CLOSE RATE PTY LTD HAS HAD NOTICE OF THE POSSIBILITY OFSUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANYLOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OFPROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESSOF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OFLIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE ANDSTRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL CLOSERATE PTY LTD’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3)TIMES THE PAYMENTS PAID BY YOU TO CLOSE RATE PTY LTD FOR THE MONTH PRECEDINGTHE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST CLOSE RATE PTY LTDOCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 13 – NO GUARANTEE OF RESULTS
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE WEBSITE AND OURSERVICES IS AT YOUR OWN RISK. Close Rate Pty Ltd does not offer anyrepresentations, warranties, or guarantees verbally or in writing in regards toyour earnings, business profit, marketing performance, audience growth, orresults of any kind. You are solely responsible for your own actions andresults in both life and business, which are dependent on factors that arepersonal to you, including (but not limited to), your skill, knowledge,ability, dedication, business savvy, network, and personal financial situation.
You accept, agree, and understand that any testimonials or endorsementsprovided by our customers or audience that are represented through ourservices, Websites, marketing materials, advertisements, or any of ourcommunication channels have not been scientifically evaluated by us and theresults experienced by individuals may vary significantly. Any statementsoutlined on our services, Websites, marketing materials, advertisements, or anyof our communication channels are opinions only and therefore are notguarantees or promises of actual performance.
SECTION 14 - ARBITRATION
Any dispute, controversy or claim arising out of, relating to or in connectionwith these terms, including any question regarding its existence, validity orcontravention of, shall be resolved by arbitration in accordance with the ACICAArbitration Rules. The seat of arbitration shall be in Melbourne, Australia.The language of the arbitration shall be English. The number of arbitratorsshall be one or three.
If you have a complaint, dispute, or controversy, you agree to first contact usat [email protected] to attempt to resolve the dispute or controversyinformally. Any controversy or claim arising out of or related to the use ofthe Website, any product, service, or software, these Terms, the PrivacyPolicy, any affiliate agreement, or your relationship with us that cannot beresolved through such informal process or through negotiation within 120 daysshall be resolved by binding, confidential arbitration.
Payment of all filing, administration, and arbitrator fees will be governed bythe ACICA’s Rules. In all other respects, the parties shall each pay their ownadditional fees, costs, and expenses, including, but not limited to, those forany attorneys, experts, documents, and witnesses.
You and Close Rate Pty Ltd agree that disputes will only be arbitrated on anindividual basis and shall not be consolidated, on a class-wide, representativebasis, or with any other arbitration(s) or other proceedings that involve anyclaim or controversy of any other party. You and Close Rate Pty Ltd expresslywaive any right to pursue any class or other representative action against eachother.
Failure or any delay inenforcing this arbitration provision in connection with any particular claimwill not constitute a waiver of any rights to require arbitration at a latertime or in connection with any other claims except that all claims must bebrought within 1 year after the claim arises (the 1-year period includes the120-day informal resolution procedures described above).
This provision survivestermination of your account or relationship with Close Rate Pty Ltd,bankruptcy, assignment, or transfer. If the class action waiver is deemedunenforceable (i.e., unenforceability would allow arbitration to proceed as aclass or representative action), then this entire arbitration provision shallbe rendered null and void and shall not apply. If a portion of this arbitrationprovision (other than the class action waiver) is deemed unenforceable, theremaining portions of this arbitration provision shall remain in full force andeffect.
YOU UNDERSTAND THAT YOUAND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE AJUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVEACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDEDINDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION INACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 15 – CLOSE RATE PTY LTD’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Close Rate Pty Ltd, in theevent of any breach or threatened breach by you of the provisions of thisAgreement or any infringement or threatened infringement by you of theintellectual property of Close Rate Pty Ltd or a third party, Close Rate PtyLtd shall be entitled to seek a temporary restraining order and preliminary andpermanent injunctions or other equitable relief restraining such breach,threatened breach, infringement, or threatened infringement. Nothing in thisAgreement shall be construed as prohibiting Close Rate Pty Ltd from pursuing incourt any other remedies available to it for such breach, threatened breach,infringement, or threatened infringement, including the recovery of monetarydamages from you and your business. You and your business hereby irrevocablyconsent to the exclusive personal jurisdiction of, and exclusive venue in, thecourts of Victoria, Australia for all such claims, and forever waive anychallenge to said courts’ exclusive jurisdiction or venue.
SECTION 16 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, andhold harmless Close Rate Pty Ltd, its directors, officers, employees,shareholders, licensors, independent contractors, subcontractors, suppliers,affiliates, parent companies, subsidiaries, and agents from and against any andall claims, actions, loss, liabilities, damages, expenses, demands, and costsof any kind, including, but not limited to attorneys’ fees and costs of anylitigation or other dispute resolution, arising out of, resulting from, or inany way connected with or related to (1) your use, misuse, or attempt to usethe Website, software, products, or services, (2) information you submit ortransmit through the Website, (3) your breach of these Terms, the documentsthey incorporate by reference, the Agreement, or the representations andwarranties provided by you in this Agreement, or (4) your violation of any lawor the rights of a third party.
SECTION 17 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes anycopyright you own, you or your agent may send Close Rate Pty Ltd a noticerequesting that Close Rate Pty Ltd remove the materials or content from theWebsite.
SECTION 18 – THIRD-PARTY LINKS
The Website may contain links to other websites. Close Rate Pty Ltd assumes noresponsibility for the content or functionality of any non-Close Rate Pty Ltdwebsite to which we provide a link. Please see our Privacy Policy located atwww.landingpagelabs.co/privacy-policy for more details.
SECTION 19 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click“ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”,“PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submitinformation through the Website, respond to a request for information, begininstalling, accessing, or using the Website, complete a purchase, select amethod of payment, and/or enter in payment method information, whichever isearliest. If, in our sole discretion, you fail, or we suspect that you havefailed, to comply with any term or provision of the Agreement or violated anylaw, whether in connection with your use of Close Rate Pty Ltd or otherwise, wemay terminate the Agreement or suspend your access to the Website at any timewithout notice to you. Any representations, warranties, and other obligationsmade or undertaken by you, shall survive the termination of this Agreementand/or your account or relationship with Close Rate Pty Ltd. Upon termination,you remain responsible for any outstanding payments to Close Rate Pty Ltd.
SECTION 20 – NO WAIVER
No failure or delay on the part of Close Rate Pty Ltd in exercising any right,power, or remedy under this Agreement may operate as a waiver, nor may anysingle or partial exercise of any such right, power, or remedy preclude anyother or further exercise of such right, power, or remedy, or the exercise ofany other rights, power, or remedy under this Agreement. A waiver of any rightor obligation under this Agreement shall only be effective if in writing andsigned by Close Rate Pty Ltd.
SECTION 21 – ASSIGNMENT
Close Rate Pty Ltd may assign its rights under this Agreement at any time,without notice to you. Your rights arising under this Agreement cannot beassigned without Close Rate Pty Ltd’s (or its assigns’) express writtenconsent.
SECTION 22 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electroniccommunication. When you communicate with Close Rate Pty Ltd through or on theWebsite or via other forms of electronic media, such as e-mail, you arecommunicating with the company electronically. You agree that we maycommunicate electronically with you and that such communications, as well asnotices, disclosures, agreements, and other communications that we provide toyou electronically, are equivalent to communications in writing and shall havethe same force and effect as if they were in writing and signed by the partysending the communication.
SECTION 23 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. Wereserve the right, at our sole discretion, to update, change or replace anypart of the Agreement, including the Privacy Policy by posting updates andchanges to our Website. It is your responsibility to check our Websiteperiodically for changes. Your continued use of or access to our Websitefollowing the posting of any changes to the Agreement constitutes acceptance ofthose changes.
SECTION 24 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18)years of age, or the legal age of majority in your jurisdiction, whichever isgreater; (2) that you own, operate, and/or have the right to bind the businessfor which you are using the Website; (3) have read this Agreement andthoroughly understand and agree to the terms contained in this Agreement; and(4) that you will not resell, re-distribute, or export any product or servicethat you order from the Website. You further represent that Close Rate Pty Ltdhas the right to rely upon all information provided to Close Rate Pty Ltd byyou, and Close Rate Pty Ltd may contact you and your business by email,telephone, or postal mail for any purpose, including but not limited to (i)follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any ordersyou placed, or considered placing, on or through the Website.
SECTION 25 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) acourt of competent jurisdiction to be invalid or unenforceable, the remainingprovisions shall not be affected thereby and shall continue in full force andeffect and such provision may be modified or severed from this Agreement to theextent necessary to make such provision enforceable and consistent with theremainder of the Agreement.
SECTION 26 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us onthe Website or in respect to the Website constitutes the entire agreement andunderstanding between you and your business and Close Rate Pty Ltd and governsyour access to and use of the Website and your ordering, purchasing, and useand/or attempted use of any service or product, and supersedes and replaces anyprior or contemporaneous agreements, representations, communications, andproposals, whether oral or written, between you and Close Rate Pty Ltd. We mayalso, in the future, offer new services and/or features through the Website.Such new features and/or services shall also be subject to these Terms, theAgreement, and any policies or operating rules posted by us on the Website. Anyambiguities in the interpretation of these Terms or the Agreement shall not beconstrued against the drafting party.
SECTION 27 – CONTACTING US
We encourage our customers to contact us with questions or comments about ourproducts, services and terms. Please feel free to do so by sending an e-mail [email protected].
For additional inquiries,compliance, spam or abuse, general support please also [email protected].
Copyright 2024 - CloseRate Pty Ltd - All Rights Reserved