This website is owned and maintained by Declare Online LLC (“Declare,” “we,” “us,” “our,” or similar pronouns). By using this website and Declare Online LLC services, you (“Client”) are entering into this Agreement with Declare Online LLC and indicating that you agree to these terms of service. If you do not agree with these terms and conditions, please do not use this website. You can contact us if you have any questions.
Google Ads® Management
No guarantee of a specific result
Regardless of any perceived representation to the contrary, We in no way guarantee a specific result for Client. Client understands and agrees that they are paying Us as a service to generate results, but that results are never guaranteed.
Limitation of Liability
We warrant that the marketing services as outlined in any of our communication with Client will be provided in conformance with the terms of this Agreement, however, We do not make any other warranties, whether expressed or implied, whether regarding the performance of the services it provides. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH: (a) WE SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; (b) WE MAKE AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND (c) WE SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Subject to the foregoing and notwithstanding anything to the contrary elsewhere contained, in no event shall the maximum aggregate liability of Us in connection with this Agreement exceed the monthly fee paid by the Client in the three (3) months preceding the claim. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Parties agree not to disparage, slander or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors or employees whether during the Term or after termination of this Agreement. Further, this term shall apply without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.
Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.
In the event that Client fails to pay any fees or charges under this Agreement, Agency may immediately pause or continue this Agreement, among other available remedies, until the Client cures its default.
There is no minimum term for this service. The client can terminate this agreement at anytime by contacting Declare Online LLC.
This Agreement shall be governed by the laws of the State of New York without regard to any choice-of-law provisions.
In any litigation, arbitration or dispute arising under or relating to this Agreement, each Party shall be entitled to recover reasonable attorney’s fees and litigation costs.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.
The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.
You agree to indemnify, hold harmless and defend Declare Online LLC, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Declare Online LLC or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Declare Online LLC or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service, or (iv) your Brand Features. In such a case, Declare Online LLC will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Declare Online LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Assignment and Successors; Binding Effect
The rights and obligations of the Parties under this Agreement may not be assigned, transferred, pledged or otherwise encumbered without the prior written consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal and personal representatives, successors and permitted assigns.
The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date upon payment received by Us.
Modifications to Terms of Service and Other Policies
Declare Online LLC reserves the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Declare Online LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: getdeclare.com/terms.
Downgrading and/or canceling your Service may cause the loss of Data, features, or capacity. Declare Online LLC does not accept any liability for such loss.
GOOGLE ADS® Audits
Declare Online LLC provides Google Ads® account audits. You authorize Us to gain access to your account for an audit. You grant us access to your Google Ads® account manually through speaking with an Declare Online LLC representative.
We withhold the right to determine who is the best fit for our free marketing plan. Not everyone who requests one will receive one.
During an audit Declare Online LLC will not make any changes to your account.
Should you have any questions, then please contact us.