Cerulean Media

We help you achieve your marketing goals by providing innovative design and creative, results-oriented audience and traffic generation, and increased revenue through monetization opportunities.

Creative Services

Helping Real Estate professionals and Lenders design both their digital marketing presence as well as their offline brand presences.

Agent and Office Website Traffic Acquisition Packages Terms of Service

 

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Welcome to Agent and Office traffic acquisition packages, a service providing technology solutions for search marketing, social media marketing and online advertising services (“the Service”), operated by Cerulean Media, Inc., its parents, subsidiaries, agents and affiliates (hereafter sometimes refer Cerulean Media to as “CERULEAN ,” “us,” or “our”).

 

By using the Service, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you access the service through a CERULEAN -owned channel or through a third-party reseller (each, a “Reseller”).  Please read these Terms of Use. If you object to anything in this Agreement or the CERULEAN Privacy Policy do not use the Service. This Agreement is subject to change by CERULEAN at any time, effective upon posting on the Service, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and CERULEAN.

 

Description of the Service. Agent and Office traffic acquisition packages provides users with marketing and advertising tools including but not limited to: paid search marketing platforms, search engine optimization tools, link analysis tools, search analytics and personalized content. The Service may include certain communications from CERULEAN, such as service announcements, administrative messages and survey invitations and these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

 

Proprietary Rights. CERULEAN owns and retains all proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of CERULEAN and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 

No Resale or Redistribution of Service. Except as expressly authorized by CERULEAN , you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").

 

Privacy. Please see our complete Privacy Policy, which is incorporated into this Agreement. If you access the Service through a Reseller, your data may be subject to such Reseller’s own privacy policy in addition to CERULEAN ’s Privacy Policy; please be aware that CERULEAN  is not responsible for and cannot control the privacy practices of these Resellers or other websites. We encourage you to read the privacy policies for these other providers and websites, as they may differ from ours.

Further, you acknowledge, consent and agree that CERULEAN  may access, preserve and disclose your account information and content if required  to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CERULEAN , its users and the public.

 

Unauthorized Use. You must be a human. Service access by “bots” or other automated methods are not permitted.  You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or CERULEAN. You may not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript. The code is CERULEAN’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CERULEAN for use in accessing the Service.

 

Blocking of IP Addresses. In order to protect the integrity of the Service, CERULEAN reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.

 

Modifications to Service. CERULEAN reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CERULEAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Disclaimers of Warranties. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CERULEAN NOR ITS RESELLERS, SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE OR ITS RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Liability for our Services.  WHEN PERMITTED BY LAW, CERULEAN AND CERULEAN ’S RESELLERS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CERULEAN AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICE AGAIN).

IN ALL CASES, CERULEAN AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Partner Providers. You may acquire access to the Service through a Reseller.  If you access the Service through a Reseller, your use may be subject to such Reseller’s own terms of service in addition to this Agreement.  CERULEAN is not responsible for and cannot control the practices of Resellers.

 

Third-Party Content. Certain content, products, and services available via the Service may include materials from third parties. In addition, CERULEAN may provide links to certain third-party websites. You acknowledge and agree that CERULEAN is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because CERULEAN  has no control over such sites and resources, you acknowledge and agree that CERULEAN  is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that CERULEAN is not in any way responsible for any such use by you.

 

Indemnity by You. You agree to indemnify and hold CERULEAN , its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of CERULEAN ’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

 

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

Term. This Agreement will remain in full force and effect while you use the Service. CERULEAN may terminate your access to the Service at any time for any reason in its sole and exclusive discretion.  CERULEAN reserves the right to refuse service to anyone for any reason at any time.

Contract Terms:  The minimum terms of the contract is three months.  You authorize Cerulean Media, Inc. to automatically charge to the credit card designated when your order is submitted or subsequently updated by you the SEM and management fee on a monthly basis as determined by you at the time your order is submitted, for the initial three-month term and each renewal term.  You agree to an initial minimum service term of three months.  You also agree that this Agreement shall automatically renew for successive twelve-month terms unless cancelled in writing at least 30 days prior to the end of the initial three-month term or any renewal three-month term. Cancellation requests must be submitted in writing to start@ceruleanmedia.com

 

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.

 

Other. The failure of CERULEAN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and CERULEAN and govern your use of the Service, superseding any prior agreements between you and CERULEAN (including, but not limited to, any prior versions of the Terms of Service).

 

Questions about the Terms of Service should be sent to:  start@ceruleanmedia.com