Create your own mobile-optimized website with Map Pop!
95% of all smartphone users have searched for local businesses.
After searching, 61% of all users call and 59% visit the location.
90% of those people act within 24 hours.
This “Terms and Conditions (T&C),” constitutes an agreement between Map Pop, Inc. (hereinafter called “THE COMPANY”, which may include but not be limited to all of its agents, assigns, and/or representatives) a Florida corporation and the enduser (hereinafter called “the Subscriber,” which, for the purposes of this agreement means the person(s) identified in Map Pop, Inc.’s account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s)).
The Company is a provider of mobile websites, search engine optimization and local search optimization. This Terms and Conditions provides an in-depth description of the limits, warranties, and acceptable use of services provided. In the event of ambiguity of between website information and this document, this “Terms and Conditions” dictates.
BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR INFORMATION, AND/OR PAYING FOR THE SERVICE, YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS at 1.888.336.8735.
The Company provides a mobile targeted website, website hosting, locally targeted search engine optimization and mobile targeted search engine optimization.
The Subscriber shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. The Subscriber agrees that the Subscriber will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Subscriber created Web sites, (collectively, “Subscriber Site”) in accordance with this Agreement. This means, among other activities, that the Subscriber agrees not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information. The Subscriber agrees that the Subscriber will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. The Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of THE COMPANY, the Subscriber agrees that the Subscriber will not access or attempt to access password protected, secure or non-public areas of the Service. If the Subscriber attempts to access prohibited areas of the Service, the Subscriber may be subject to prosecution.
Service is provided on a month-to-month basis or an annual term, depending on the package you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel by calling the toll-free customer service number. A set-up fee will be billed in the first month of service for one-time fees associated with activation.
The Company may display advertisements and promotions on any portion of the Service which it provides to Subscribers free of charge, excluding limited timed free trial accounts. The manner, mode and extent of such advertising by the Company are subject to change without specific notice to you.
The Company does not backup data for any website content or any other data/transmission(s) sent through its systems. The Company shall not be held liable for any loss or harm resulting from your use of these optional services.
The Company recommends that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk and you shall be the sole party responsible for any loss or damages. By failing to do so, you release The Company from any liability arising from the provision service.
In order for the Subscriber to participate in the Service, The Company requires the Subscriber to provide specific information about the Subscriber and/or and the Subscriberʼs business. If the Subscriber chooses to become a customer, the Subscriber agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing the Subscriberʼs affiliation with any person or entity. The Subscriber shall maintain a valid email address at all times. The Subscriber shall be responsible for maintaining the confidentiality of the Subscriberʼs Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. The Subscriber shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify the Company for such actions as set forth in this Terms and Conditions. You must notify us immediately if you believe that your online account with the Company has been compromised by unauthorized access so that we may assign you a new username and/or password.
Subscriber’s right to use the Service is personal to Subscriber and Subscriber’s company and its employees (if applicable). Subscriber, and not the Company, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Subscriber Content”) posted via the Service. Subscriber is also solely responsible for compliance with all laws, regulations and ordinances connected with all aspects of Subscriber’s use of the Service. You are liable for any and all content transmitted through the Service provide you by the Company. You are solely liable for the content of any and all transmissions sent through the Company systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited. Subscriber must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, “Information and Actions”) in connection with Subscriber’s use of the Service. If the Service does not provide adequate facility or features for Subscriber to provide such Information and Actions, then Subscriber shall not use the Service.
The Company does not control or monitor the Subscriber Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. The Company reserves the right, but is not obligated to review the Subscriber Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. The Company also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Subscriber Content in The Company’s sole discretion. With respect to the content on the Subscriber Web Site, Subscriber agrees not to:
a. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Subscriber’s affiliation with a person or entity to others, including, but not limited to, consumers;
b. post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially and ethnically objectionable;
c. post, upload or otherwise transmit any content that Subscriber does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/ or attempt to access the accounts of others, or attempt to penetrate security measures of THE COMPANY, its vendors or suppliers or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data;
f. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on the Company’s infrastructure that exceed the limits provided by the Service for which Subscriber registered;
g. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
k. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; l. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) Subscriber cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Subscriber Web Site could cause the Company to violate any law, statute or regulation; or m. post or disclose any personal or private information or images about children or any third party without their consent (or a parent’s consent in the case of a minor) n. You shall not use the Service provide you by the Company for transmitting obscene, fraudulent, harassing, infringing, libelous, or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, “spamming,” telephonic solicitations of any kind or nature, or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
The Service(s) provided to you by the Company stand independent of any third-party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services that are owned and managed by the Company. In no way does this agreement cancel or amend any existing agreement (s) you may already have in place, or will have, with any third-party carrier and/or service provider(s). Your agreement(s) with any and all third-party carrier(s) and/or other service provider(s) are between you and the third-party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by the Company. Further, the Company shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third-party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third-party carrier(s) and/or other service provider(s) you use in conjunction with our Service. Should any agreement with a third-party service provider be in contradiction or shall render the Subscriber in violation of the Terms and Conditions in this Agreement, the Subscriber should not use the service and immediately cancel the Service.
Account Access Provided Upon setting up your account with the Company. The Company will assign you a unique password for easy access to your online account at the the Companyʼs operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the website.
Entity with Account Ownership The owner of an account is the person named as “Primary” contact in The Companyʼs account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein. Transfer of Ownership You may not transfer ownership of your account, nor the Services provided therein, to any party.
Unlawful, improper and/or illegitimate use will be defined by the Company or, any official government police agency, which notifies the Company of your unlawful use of the Service it provides to you.
The Company reserves the right to restrict termination to certain geographical regions and/ or certain special services hotlines at its sole discretion. Additionally, THE COMPANY reserves the right to refuse service to certain geographical regions at its sole discretion.
The Company may immediately cancel your Service and repossess any and all services associated with your account if/when your use of the Service(s) provided to you interfere in any way with the Companyʼ’s ability to provide Service(s) and products to its other customers.
Your use of the Service(s) provided you by the Company subjects you to any and all federal, state, and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
Should your use of the Service(s) provided you by the Company be deemed of a fraudulent, unethical, or otherwise prohibited nature, by the Company, the Company reserves the right to immediately close your account, terminate all Service to it, and repossess and re-assign any and all services associated with said account, and deem forfeit any remaining balance on your the Company account. the Company shall not be held liable for any harm or loss you experience as a result of such actions.
Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service THE COMPANY provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies.
If you provide false or misleading information, or if we have reason to believe that you have presented false or misleading information, we reserve the right to cancel your account, any Services related to your account, and refuse any and all of your current and future attempts to establish Service with the Company.
Tax Exemption Documentation Requirement
You agree to pay the Company all fees and charges as set forth on the Company operated website. Further, you agree to pay all applicable taxes, surcharges and other government imposed fees for use of the Service(s) provided you by the Company unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release the Company from any and all responsibility and/or harm and loss with respect to this provision.
Any federal, state, and/or local fees and/or taxes levied against the Companyas a result of your use of the Service will be charged to your the Company account unless you provide proper and recognized tax exemption documentation.
Should you leave an outstanding balance on your account and later return to re-open the account or establish a new account, the Companyreserves the right to charge the account you present to recover the outstanding balance owed on your previous account.
Any and all handling fees, taxes, or any other fee(s) assessed to your account and/or listed in this agreement are completely NON-REFUNDABLE.
Any fee(s) not listed in this agreement are posted on the Company operated website.
The Company reserves the right to suspend or cancel your account without prior notice, for nonpayment or any violation of any provision of this agreement.
While we may periodically send you email notifications regarding your account’s status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account’s status and are unsuccessful, you hold the Company harmless for any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.
We reserve the right to dispute any refund initiated by you, your bank, or your telephone company. Further, you agree that the Company may furnish any and all information it has on file for your account to the refund originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
You are solely responsible for updating your payment method whenever changes occur such as a change in your billing address, name, credit/debit card number, lost/stolen credit/ debit card, and the like.
We may, at our sole discretion, offer affiliate-based programs that offer bonuses and/or credits to THE COMPANY subscribers who participate in such programs. These bonuses and/or credit(s) may not be transferred, exchanged, refunded, or used to pay monthly/ annual Service charge(s), unbilled charges, or any other fees and charges of THE COMPANY; further, such bonuses and/or credit(s) may not be redeemed upon your account’s cancellation or suspension.
We reserve the right to determine the criteria and qualifications for our affiliate based programs. Not all accounts will qualify.
The Company will, upon your request, issue a refund of the UNUSED portion of your the Company account balance less any monthly dues and/or fees and other charges. All refunds must be processed through the Company.
If you request a refund, funds will be refunded only to the same person or organization as named on the account. Refunds will be made either using the same form of payment that has been used on the account, credit card, PayPal, bank check, money order or wire transfer, or a bank check at the sole discretion of the Company.
If you do not agree with a charge(s) to your account with the Company, you must notify us in writing to the address written below, within thirty (30) days of the disputed transaction, with details substantiating the request. If you fail to notify us, as outlined above, within the time frame specified above, you agree to waive any and all right(s) to contest the transaction(s) in question. In no way does a billing adjustment/refund request constitute just cause for any delay in payment of the full amount due.
Should the Company find that the billing adjustment/refund request is warranted, the Company will issue a credit to your account within thirty (30) days of said decision.
You may cancel your account with the Company, via phone, during our normal business hours.
The Company reserves the right to discontinue furnishing Services to you, cancel your account, and/or block your access to our network and online interface, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at anytime, without prior notice.
If your account is cancelled, cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time. You will not be able to use any of the facilities and/or Services associated with your account after cancellation.
The Company does not have the ability to schedule cancellation for a future time/date. Cancellation may be made by phone only (during our normal business hours). Please click on Contact Us for our contact information.
The Company can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your the Company account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; © use our service in any way that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation the Company receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene, or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (q) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
The Company may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
THE COMPANY WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. THE COMPANY MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, COMPLETENESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL THE COMPANY BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR, OR ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND THE COMPANY WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY, AND GENERAL PERFORMANCE. THE COMPANY DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY, AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, THE COMPANY MAKES NO WARRANTY THAT THE SERVICE IT PROVIDES TO YOU WILL BE UNINTERRUPTED
The Company maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, the Company maintains sole and exclusive ownership of the all websites and other services offered through the Company and all technologies and software it creates. Any and all rights not expressly stated herein are retained by the Company.
We reserve the right not to disclose our supplier information to you.
Notices are given by the Company via email, by a general posting on the the Company website and/or via telephone. The Company reserves the right to determine which method of communication it employs to communicate with you.
The Company will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. The Company shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned website. Further, we may change or cease entirely all notifications at anytime without prior notice.
While we may send you email notices from time to time regarding the billing matters of your account, we are not obligated to do so. We may change or cease entirely our notifications at anytime without prior notice.
When contacting us via email, voicemail, fax and/or postal mail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff. When communicating with us via phone you may be asked to verify your account number, the name on file for your account, and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information ava
In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity, and/or any other third party, which issues us a subpoena(s), search warrant(s), court order(s), or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s), and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. The Company shall not be held liable for any harm or loss arising from such.
We may monitor your use of the Service we provide you for violations of this agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
During the term of this Agreement, Subscriber grants the Company a license to use the Subscriber’s name and logo, if applicable, in the Company’s promotional material to advertise that the Subscriber is a client of the Company. The Company agrees that it shall not share, sell, trade, barter, or offer for free the use of the Subscriber’s name, logo, and affiliate data to any other individual, corporation, or entity that is not owned in whole or in part by the Company.
In an effort to protect our subscribers from credit/debit card fraud, the Company actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future. We may share this data (including, but not limited to, IP addresses, email addresses, the credit/debit card number(s) used, etc.) with third-party payment processors and/or Law Enforcement agencies in an effort to reduce fraud.
This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of the Company.
The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
You shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from any breach of this Agreement, use of Subscriber’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. The Company shall be defended by attorneys of their choice at Subscriber’s expense.
Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service; if we are unable to remedy the problem you are having with the Service you will be offered a replacement phone number(s), at an equal or greater monthly cost. If you opt not to take the replacement phone number(s), you may continue to use the problematic Service at your own risk.