Terms and Conditions

Last updated: December 16, 2024

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) and the accompanying our Master Services Agreement [LINK] (the “MSA”) carefully before using the SiteTuners.com website (the “Website”) to access the services available thereon (the “Service”).

These Terms are a legally binding agreement between the user or subscriber of the Service (“User” or “you“) and SiteTuners LLC, a Florida limited liability company with its principal place of business at 14502 N Dale Mabry Hwy SUITE 200, Tampa, FL 33618, USA (“us”, “we”, or “our”). By registering for the Service or by accessing or using the Service or Website, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms, you must not accept these Terms and may not use the Services. You acknowledge that these Terms is a contract between you and us, even though it is electronic and is not physically signed by you, and it governs your use of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and the terms of our MSA [LINK], the terms of which are incorporated and made a part of these Terms. These Terms apply to all visitors, users and others who wish to use the Service.

By using the Service you agree to be bound by these Terms. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO REGISTER FOR, OR USE, THE SERVICE.

The Service

The Service provided by SiteTuners is limited solely to designing, developing and testing for the improvement of the conversion rate of your website. For the avoidance of doubt, the Service does not include, among other things, designing your website to be ADA compliant or any search-engine optimization.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SiteTuners LLC cancels it.

A valid payment method, including credit card or ACH, is required to process the payment for your Subscription. You shall provide SiteTuners LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SiteTuners LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, SiteTuners LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the payment card you provide expires and you do not update your payment card information or cancel your Subscription, you authorize us to suspend your Account until your billing details have been updated. After an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.

Refunds

We want you to be happy with our services. If you are not satisfied with the website review, we will gladly issue a refund within 7 days of the review date. Refunds are only available for our website review.

Cancellation and Termination

You may cancel your monthly Subscription at any time by sending an email to , from the email address affiliated with your Account. As a courtesy, we ask that you notify us 30 days prior to termination.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of SiteTuners LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SiteTuners LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or
controlled by SiteTuners LLC.

SiteTuners LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SiteTuners LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless SiteTuners LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBWEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY WEBSITES TO WHICH THE WEBWEBSITE OR SERVICES ARE LINKED.

Limitation of Liability.

A. In no event will we or our affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profits, revenue, data or business opportunities arising out of or related to these Terms, whether an action is in contract or tort and regardless of the theory of liability whatsoever arising from or related to either these Terms or use of the Services or the Website.

B. Our maximum aggregate liability to you for any damages arising from or related to these Terms is set forth in the MSA.

C. FOR THE AVOIDANCE OF DOUBT, WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR WEBSITE WILL BE COMPLIANT WITH THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. CH. 126 § 12101 ET SEQ. (THE “ADA”). TO ENSURE COMPLIANCE WITH THE ADA, WE URGE YOU TO CONTACT A SERVICE SPECIALIZING IN ADA COMPLIANCE AND YOUR LEGAL COUNSEL.

Warranty Disclaimer With Regard To Third Party Websites, Third Party Services and Products. We, on behalf of ourselves and our affiliates, disclaim any liability with respect to any third party websites, your access of any third party websites, and any third party services or products that you use and for any claim arising out of our authorized use of your content.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SiteTuners LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements, including without limitation, any search-engine optimization or ADA-compliance requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Florida (USA), without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at .

SiteTuners LLC
14502 N Dale Mabry Hwy, Suite 200
Tampa, Florida 33618

Master Services Agreement For Conversion Rate Optimization

This MASTER SERVICES AGREEMENT (“Agreement”) is made and entered into effective as of your subscripting online pursuant to Site Tuner’s Terms (the “Effective Date”), by and between SiteTuners, LLC (hereinafter referred to as “SiteTuners”), a Florida Limited Liability Company at 14502 N Dale Mabry Hwy, Suite 200, Tampa, Florida 33618 and you (hereinafter referred to as the “Client”), named and with principal offices indicated below.  Capitalized terms used, but not defined, herein shall have their respective meanings as set forth in SiteTuners’ Terms and Conditions (the “Terms”).

WHEREAS Client desires certain support services from SiteTuners with respect to Internet marketing on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows:

1. Services.  During the Agreement Term, SiteTuners shall render certain design, development and testing services for the improvement of the conversion rate of your website (collectively, “Services”) in support of the Client during normal working hours, subject to the payment of fees and charges for the services described on the Services page.
2. Term.  The “Term” of this Agreement shall commence upon the Effective Date continue until terminated by either SiteTuners or Client per the terms of this Agreement as set forth in Section 7.  
3. Payment; Billing and Expenses.  Client shall pay monthly fees as described on the Site (the “Fees”) and reimburse SiteTuners for all reasonable expenses incurred in providing the Services upon submission of original receipts or other appropriate substantiating documentation for each expense (the “Expenses”).  The first month’s fees shall be prorated for the number of days remaining in such month.  Thereafter, monthly fees shall be due on or the first of each month.
   1. Failure to Pay. If Client fails to pay SiteTuners any sum (in immediately available funds) when due, then, in addition to all other remedies available under this Agreement or at law (which SiteTuners does not waive by the exercise of any right under this Section 3), then all such amounts due shall bear interest at the lower of 1.5% per month or the highest the permitted by law.  Further, while any amounts due remain outstanding, SiteTuners may suspend the Services hereunder. 
   2. Reimbursement of Expenses.  Client shall reimburse SiteTuners for all Expenses incurred in accordance with the Services, within 10 days of receipt by the Client of an invoice from SiteTuners accompanied by receipts and reasonable supporting documentation. Client shall preapprove in-person meetings prior to the date of any agreed upon meeting and travel arrangements of SiteTuners, including business-class lodging and airfare, shall be reimbursed as expenses.
   3. Autopay.  Client may pay the fees via SiteTuners’ autopay program, through which Client may set up automatic payments via credit card or ACH. 
4. Disclaimer of Warranty.  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SITETUNERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   

FOR THE AVOIDANCE OF DOUBT, WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR WEBSITE WILL BE COMPLIANT WITH THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. CH. 126 § 12101 ET SEQ. (THE “ADA”).  TO ENSURE COMPLIANCE WITH THE ADA, WE URGE YOU TO CONTACT A SERVICE SPECIALIZING IN ADA COMPLIANCE AND YOUR LEGAL COUNSEL.

5. Limitation of Liability.  In no event shall SiteTuners’ cumulative liability for any claim arising in connection with this Agreement exceed the total fees and charges paid to SiteTuners by Client during any twelve-month period. In no event shall either party be liable to the other for any indirect, consequential, special, exemplary, or incidental damages of whatever kind and however caused, even if the party knew or should have known of the possibility of such damages.  You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. Any cause of action you may have hereunder or with respect to your use of the Website or our Services must be commenced within one (1) year after the claim or cause of action first arises. The limitation of liability set forth in this paragraph shall apply to the fullest extent permitted by law.
6. Indemnification.
   1. General Indemnity.  Either party shall defend, indemnify, and hold harmless the other party and its parent, affiliates, and subsidiaries, and their officers, directors, shareholders, agents, employees, and representatives (“Affiliates”) from all claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements, and penalties of every kind made by or payable to a third party (“Losses”) and arising from the indemnifying party’s gross negligence or willful misconduct.  
   2. Infringement and Regulatory Indemnity.  Client shall defend, indemnify, and hold harmless SiteTuners and its Affiliates from any and all Losses arising from either (x) a third-party claim for infringement, violation, or misappropriation of any (i) registered intellectual property, including patents, trademarks or copyrights, (ii) any trade secret to the extent related to any deliverable or an Indemnitee’s use thereof or (iii) any other intellectual property rights of such third party, or (y) any violation of law, rule or regulation (including without limitation, the ADA). 
7. Termination.  This Agreement may be terminated by either party for any reason whatsoever upon written notice to the other party.
8. No-Hire.  Neither party shall, directly or indirectly, either for itself or for any other person, firm, company, or other entity, actively solicit, or attempt to actively solicit, any of the employees, contractors, representatives, or agents of the other party either during or at any time after the termination or completion of this Agreement for a period of one (1) year.
9. Confidential Matters.
   1. Reciprocal Obligation:  Each party hereto agrees that it will treat, both during the term of this Agreement (including any renewals or extensions thereof) and after termination of this Agreement, as confidential and secret all information, including discoveries, customer lists, trade secrets, documents, bids, proposals, contracts, marketing plans and strategies, computer software, proprietary computer hardware, pricing policies, financial information, and all other information and data of the other party that has not become public information (“Confidential Information”), and that it will not, directly or indirectly, make known, divulge or use any such Confidential Information other than in accordance with this Agreement or as required by law.
   2. Notification of Unauthorized Use:  Client and SiteTuners agree to notify each other immediately of the existence of any circumstances surrounding any unauthorized knowledge, possession, or use of the other party’s Confidential Information or part thereof by any person or entity.
   3. Trade Secrets after Termination of Agreement: All the terms of this Section shall remain in full force and effect following termination of SiteTuners’ relationship with Client for any reason.
   4. Notwithstanding any other provisions of this Agreement, SiteTuners shall have the right to publicize the high-level results obtained by the Client as a result of using the Service for SiteTuners marketing and promotion purposes in all media. The Client agrees to specifically allow the following items of information to be made public by SiteTuners: the name of the Client company and any product or service lines affected by the Service including any logos, trademarks, or service-marks incorporated therein, the percentage improvement in any key metrics tracked (but not absolute numbers upon which said percentage is based), images of the “before and after” web page(s), and a short text general description of the purpose of the engagement. The Client shall have review and approval authority over the short text description. Such approval shall not be unreasonably withheld.
10. Entire Agreement.  This Agreement supersedes any and all agreements, either oral or in writing, between the parties hereto with respect to the rendering of Services and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever.  Any modification of this Agreement, or any future agreements between the parties, will be effective only if they are in writing signed by each party; provided, that, the Terms are hereby expressly made a part of the Agreement.  To the extent the Terms contradict the terms hereof, this Master Services Agreement shall control. 
11. Partial Invalidity.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
12. Settlement of Disputes.  Any controversy or dispute between the parties, directly or indirectly concerning this Agreement or the breach hereof, or the subject matter hereof, shall be finally settled by litigation as provided herein.  The dispute shall be settled by litigation in a court of competent jurisdiction in Hillsborough County Florida, and judgment upon the award rendered will be entered there.  Except as specifically provided herein, the litigation shall proceed in accordance with the laws of the State of Florida.    
13. Attorney’s Fees and Costs.  The prevailing party in any dispute hereunder shall be entitled to recover reasonable attorneys’ fees and costs incurred in any such arbitration or litigation, including any costs of collection subsequently incurred.  
14. Waiver.  The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may hold under this Agreement.
15. Relationship of the Parties. In providing the Service pursuant to this Agreement, SiteTuners is acting solely as an independent contractor and not as an agent of any other party. Persons furnished by SiteTuners shall be regarded solely as SiteTuners’ employees and/or subcontractors, and shall be under SiteTuners’ sole and exclusive direction and control. Such persons shall not be considered employees of Client for any purpose and such persons shall be informed in writing that they are not employees of Client. Each party shall be responsible for compliance with all laws, rules and regulations involving their respective employees or agents, including (but not limited to) employment, labor, hours of labor, health and safety, working conditions and payment of wages.
    1. Each party shall also be responsible, respectively, for payment of taxes, including, but not limited to, federal, state and municipal taxes, chargeable or assessed with respect to its employees or agents, such as social security, unemployment, worker’s compensation, disability insurance and federal and state income tax withholding. Neither party undertakes by this Agreement to perform or discharge any liability or obligation of the other party, whether regulatory or contractual in nature, or to assume any responsibility for the conduct of the business or operations of the other party.
    2. Nothing contained in this Agreement is intended to give rise to a partnership, agency, or joint venture between the parties or to impose upon the parties any of the duties or responsibilities of partners or joint ventures.
    3. Client shall not direct, control, or supervise SiteTuners employees as to the details or means by which the Service is provided. Notwithstanding the foregoing, Client may request SiteTuners to remove an employee of SiteTuners, if Client, in its sole judgment, determines that such employee does not meet the standards of this Agreement or is not consistent with the best interests of Client.
16. Assignment of Work Product.  Subject to payment of all monies owed, SiteTuners hereby assigns to Client, or its designee, all of SiteTuners’ rights, title, and interest in and to the final outcome of the Services.  
17. Authorization and Approval.  The person signing this Agreement on behalf of each party has been duly authorized to do so by all necessary corporate or other legally required action and has the power and authority to execute this Agreement on that party’s behalf. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly and effectively authorized by all necessary corporate or other required action of each party.  The obligations described in this Agreement are legal, valid and binding obligations of each party, enforceable against it in accordance with the terms described in this Agreement.

Counterparts.  This Agreement may be executed in counterparts, each of which is deemed an original, but all of which constitutes one and the same agreement. Delivery of an executed counterpart of this Agreement electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Agreement.