Terms of Service

These Terms apply to your use of the Site, including its articles, service descriptions, pricing information, examples, tools, forms, and free-audit request. The Site is intended primarily for businesses and visitors in the United States. Our Privacy Policy explains how we handle information collected through the Site and pre-engagement inquiries. Please review it together with these Terms. We may refuse or limit access to the Site when reasonably necessary to protect the Site, other users, our rights, or the security and integrity of our systems.

You may use the Site only if you can legally agree to these Terms. If you use the Site for a company or other organization, you represent that you have authority to act for that organization and that the organization will be responsible for your use. The Site is not directed to children under 13. If you are under the age of legal majority where you live, use the Site only with the involvement of a parent or legal guardian.

The Site provides general information about local search engine optimization, Google Business Profile services, citations and listings, content, reputation support, analytics, and related marketing services. Site content is educational and promotional. It is not legal, tax, accounting, financial, or other regulated professional advice. Visiting the Site, using a Site tool, requesting information, or sending an inquiry does not create a client, fiduciary, partnership, employment, agency, or other professional relationship. We have no duty to provide services unless we accept a separate written agreement. Do not rely on Site content as the sole basis for a material business decision. Search platforms, market conditions, third-party data, and industry practices change, so information may become outdated.

The Site may allow you to request a free local SEO or Google Business Profile audit. A free audit is offered without charge or obligation, but availability, scope, format, and timing may vary. We may decline a request, request clarification, or limit an audit when reasonably necessary. An audit may use public website content, public business listings, search results, third-party tools, estimates, and point-in-time observations. It is a preliminary assessment, not a comprehensive technical, legal, accessibility, security, or compliance review. Search results and tool outputs may differ by location, device, personalization, timing, or provider methodology. By submitting a business name or website, you represent that you are authorized to request an audit for that business. You authorize us to review publicly accessible pages and listings and to use the submitted information to prepare the audit and respond to you. Do not submit passwords, payment-card data, government identifiers, health information, trade secrets, or other sensitive or confidential information through the Site. Unless we separately agree in writing, an inquiry is not confidential.

The Site may describe service tiers, deliverables, starting prices, promotional offers, expected commitment periods, or examples of work. Those descriptions are invitations to discuss services, not binding offers, quotes, or promises to serve every business. Before paid work begins, the parties must agree to the applicable scope, fees, timing, responsibilities, approvals, commitment or cancellation terms, ownership, and other engagement details in a separate written proposal, statement of work, or services agreement. Any renewal terms must be clearly stated in that agreement. Website pricing and service descriptions may change before an agreement is accepted. A signed client agreement controls the paid engagement, including any express warranties or work commitments contained in it.

Search engines, map platforms, directories, review platforms, hosting providers, and other third parties operate independently and may change their algorithms, policies, displays, availability, or enforcement practices without notice. Unless a signed client agreement expressly states otherwise, we do not guarantee a particular search position, map-pack placement, indexing result, traffic level, number of calls or leads, review outcome, revenue increase, return on investment, or time to achieve a result. Timelines and forecasts are estimates, not promises. Examples, sample reports, rankings, statistics, testimonials, illustrations, and past results on the Site are provided for context. They may be simplified or based on particular conditions, and they do not guarantee that another business will achieve the same outcome. Nothing in this section excuses us from an express obligation in a signed client agreement or from responsibility that cannot lawfully be excluded.

The Site and its text, graphics, branding, page designs, reports, frameworks, tools, software, logos, and other content are owned by or licensed to Toms River SEO and are protected by intellectual-property laws. Toms River SEO and associated names, logos, and service marks may not be used in a way that suggests sponsorship or endorsement without written permission. We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal or internal business evaluation. This license does not transfer ownership. Except as permitted by law or with our written permission, you may not reproduce, republish, sell, license, modify, create derivative works from, frame, mirror, systematically scrape, harvest, or commercially exploit Site content. Ordinary browser use, sharing an unmodified Site link, and conventional search-engine indexing are permitted.

You retain your rights in information you submit. You grant us a limited right to receive, store, review, reproduce, and use that information as reasonably necessary to operate the Site, respond to your request, prepare a requested audit, maintain security, comply with law, and protect legal rights. You represent that information you submit is accurate to the best of your knowledge, that you have the right to provide it, and that it does not violate another person's rights or applicable law. You may not submit malicious code, deceptive requests, or content intended to compromise the Site or another system. Our handling of personal information is described in the Privacy Policy. A later signed agreement or nondisclosure agreement may establish additional confidentiality obligations.

You may not use the Site to:

• Violate law, infringe intellectual-property or privacy rights, or facilitate fraud or abuse.
• Impersonate another person or organization, misrepresent your affiliation, or submit information without authority.
• Introduce malware, harmful code, automated attacks, or content designed to disrupt or damage systems.
• Probe, scan, or test vulnerabilities without written authorization; bypass access controls; or attempt unauthorized access.
• Interfere with Site operation, overload infrastructure, or prevent another person from using the Site.
• Systematically collect personal information or Site content through automated means beyond ordinary search-engine indexing or public browser use.
• Use Site content or tools to build a competing product or service through unauthorized copying or extraction.

The Site may display or rely on information from search engines, map products, analytics providers, directories, review platforms, hosting services, or other third parties. It may also link to third-party websites. We do not control those services and are not responsible for their availability, content, security, policies, rankings, data, or decisions. A link or reference does not necessarily mean we endorse a third party. Your use of a third-party service is governed by that provider's terms and policies. You are responsible for reviewing them and maintaining any accounts, permissions, licenses, and approvals required for your own business.

Our Privacy Policy describes the information collected through the Site, including contact-form information and technical or usage information processed through Ploy, Google Analytics, and Microsoft Clarity. It also describes cookies, session replay, retention practices, and available privacy choices. The Privacy Policy is incorporated into these Terms for purposes of explaining Site data practices. If a separate client agreement governs client records or campaign data, that agreement controls those records.

We may update, correct, suspend, restrict, or discontinue any part of the Site. We do not promise that the Site will always be available, uninterrupted, secure, error-free, or compatible with every browser or device. We try to keep material Site information accurate, but typographical errors, outdated statements, unavailable features, or technical problems may occur. We may correct an error or update content without advance notice. This section does not permit us to alter an already accepted client agreement unilaterally.

To the fullest extent permitted by applicable law, the Site and its content are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement as they relate to the Site. We do not warrant that Site content is complete, current, or suitable for your particular circumstances, or that use of the Site will produce a particular business or search result. Any express obligations in a signed client agreement remain subject to that agreement. Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes an express warranty, statutory right, remedy, or responsibility that cannot lawfully be excluded or limited.

To the fullest extent permitted by applicable law, Toms River SEO and its owners, personnel, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of or inability to use the Site, including lost profits, lost business opportunities, lost data, or business interruption, even if advised that such damages were possible. Any liability that cannot be excluded will be limited only to the maximum extent permitted by law. These limitations do not apply to fraud, willful misconduct, gross negligence, personal injury caused by negligence, or another category of liability that applicable law does not permit us to exclude or limit. This section concerns the public Site. Liability relating to paid services is governed by the applicable signed client agreement.

To the extent permitted by law, you will be responsible for third-party claims, damages, and reasonable costs arising from your unlawful use of the Site, information you submit in violation of another person's rights, or your material breach of these Terms. You will not be responsible to the extent a claim results from our negligence, willful misconduct, or violation of law. We may control the defense of a covered claim, but we will not settle a claim in a way that admits wrongdoing by you or imposes a nonmonetary obligation on you without your consent, which will not be unreasonably withheld.

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except where federal law applies. Before filing a claim concerning the Site, you and Toms River SEO agree to make a good-faith effort to resolve the matter informally by written notice and reasonable discussion. This requirement does not prevent either party from seeking urgent injunctive relief or using a small-claims procedure when available. Subject to any non-waivable right to another forum, disputes concerning the Site may be brought in the state courts located in or serving Ocean County, New Jersey, or the United States District Court for the District of New Jersey, and each party consents to those courts' jurisdiction. Nothing in these Terms waives a consumer protection, venue, limitation-period, or other right that cannot lawfully be waived. These Terms do not require arbitration and do not contain a class-action waiver.

We may update these Terms to reflect changes in the Site, our practices, or applicable law. We will post the revised Terms and update the effective date. Changes apply prospectively when posted unless a different date is stated or applicable law requires additional notice or consent. A change to these public Site Terms does not amend a signed client agreement unless that agreement expressly allows the change or both parties agree in writing.

If a provision of these Terms is found unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of the Site, subject to applicable law. These Terms and the Privacy Policy are the entire agreement concerning use of the public Site. They do not replace a proposal, statement of work, nondisclosure agreement, or services agreement governing a client engagement.

Questions about these Terms may be directed to:

• Toms River SEO
• Toms River, Ocean County, New Jersey
• jason@tomsriverseo.com
• (732) 300-9498
• tomsriverseo.com

End of Terms of Service

You can also reach us through the contact page.