This agreement sets out the legally
binding terms of your use of the web site located at www.seorankreport.com
(hereinafter referred to as the “Site”) or any other web sites owned by
seorankreport.com (hereinafter referred to as “SEO Rank Report”), and may be
modified by SEO Rank Report from time to time, such modifications to be
effective upon posting of the modified agreement. By accessing or using the
Site, you agree that you have read and understand this agreement and all of its
contents (hereinafter referred to as this “Agreement“), intend this Agreement to
be the legal equivalent of a signed, written contract and equally binding, and
that you will be subject to all of the terms and conditions set forth herein.
You agree to review the Agreement periodically to be aware of any such
modifications, additions, deletions or other changes, and your continued access
and/or use of the Site shall be deemed your acceptance of the modified
agreement.
1. Intellectual Property.
SEO Rank Report solely and exclusively owns all intellectual property and other
rights, title and interest in and to the SEO Rank Report service and the Site,
including, but not limited to, the SEO Rank Report name, logo(s), trademarks,
Site content, and the look and feel of the Site and all marketing and other
business materials, except as expressly provided for in this Agreement
2. Copyright.
All content located on the Site is the sole and exclusive property of SEO Rank
Report and is protected by United States federal copyright laws. Use of the Site
and the SEO Rank Report service is intended for your personal non-commercial use
only. Unauthorized use of the content may violate copyright, trademark, patent,
and/or other federal or foreign laws.
3. License.
SEO Rank Report grants you a limited revocable license to access and use the
Site and the SEO Rank Report service for its intended purposes, subject to your
compliance with this Agreement. This license does not include the right to
collect or use information contained on the Site for purposes prohibited by SEO
Rank Report, to compete with SEO Rank Report, create derivative works based on
the content of the Site, or download or copy the Site (other than page caching).
In addition, you may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, transfer any content, information, documents,
graphics, software, products and/or services found on the Site. If you use the
Site or SEO Rank Report service in a manner that exceeds the scope of this
license or breaches this Agreement, SEO Rank Report may revoke the license
granted to you.
4. Use of Site.
By accessing and utilizing the Site, you agree that all text, graphics, codes,
interactive features and/or other information and technology located on the Site
will be used solely for informational and educational purposes only. Commercial
or unauthorized use of any text, graphic, code, interactive feature and/or all
other information and technology located on the Site is strictly prohibited. Any
act or engagement of conduct prohibited by law or any action that violated
federal, state and/or local laws is strictly prohibited, nor may any text,
graphics, codes, interactive features and/or other information and technology
located on the Site be used to perform any action that will injure or harm
others, promote any unlawful activities or violate Internet standards. You
hereby agree: a) to obey all applicable local, state, national and international
laws and regulations in your use of the Site; b) to be solely responsible for
the contents of your transmissions through the Site; c) to abide by all
requirements, procedures, policies and regulations posted on the Site by SEO
Rank Report; d) not to broadcast through the Site any unlawful, harassing,
defamatory, libelous, bigoted, hateful, racially offensive, privacy invading,
abusive, threatening, harmful, vulgar or otherwise objectionable material of any
kind; and e) not to mine the Site’s data for any purpose whatsoever. Actual or
attempted unauthorized use of the Site may result in criminal and/or civil
prosecution. SEO Rank Report will also comply with all court orders involving
requests to release user information in any event of actual or attempted
unauthorized use.
5. Use of Internet.
Use of the Internet is solely at your own risk and is subject to all applicable
local, state, national and international laws and regulations. Please be advised
that the confidentiality of any communication or material transmitted to and
from a web site over the Internet cannot be guaranteed. Accordingly, SEO Rank
Report is not responsible for the security of any information transmitted via
the Internet, the accuracy of the information contained on the Site or the
consequences of any reliance on such information. You assume sole and complete
risk for using the Site and must make your own determination as to these
matters. In addition, SEO Rank Report recommends 128-bit SSL encryption in order
to maintain the highest encryption standards throughout the Site to best protect
the security of the information you transmit on the Site. If your browser does
not support 128-bit encryption, you may do so by upgrading your system.
6. User Information.
SEO Rank Report observes and collects information about the users of the Site,
including, but not limited to, names, email addresses, zip codes, IP addresses,
cookies and any other personally identifiable information. Collection and use of
personal information is outlined and governed by the SEO Rank Report Privacy
Policy. For more information regarding the collection of user information and
the privacy of same, please visit http://www.seorankreport.com/privacy.asp.
7. Submissions.
Any submission, communication or content posted to the Site by any user shall be
deemed non-confidential in nature, unless expressly stated on any particular
page(s) on the Site that such page(s) will permit a submission or communication
to be treated as confidential by SEO Rank Report. By posting a submission,
communication or content on the Site, you permit SEO Rank Report a royalty-free,
perpetual, irrevocable, non-exclusive license to use, reproduce, modify,
publish, edit, transfer, distribute, perform and display the submission,
communication or content, in whole or in part, in any form or media outlet or to
sublicense such rights. You are hereby liable and responsible for all
submissions, communications and content that you post on the Site. The following
types of submissions, communications and content are prohibited from posting to
the Site: a) copyrighted content, unless you are the copyright owner or have the
permission of the copyright owner to post such content; b) content which reveals
trade secrets, unless you are the owner of such trade secrets or have the
permission of the owner; c) content that infringes upon any intellectual
property rights of others; d) content that exhibits obscene, defamatory,
threatening, harassing, abusive, hateful or embarrassing behavior; e) sexually
explicit images; advertisements or solicitations of business products and/or
services; f) chain letters or pyramid schemes; or g) impersonating others.
8. Third-Party Content.
SEO Rank Report may: a) use third parties to provide certain services accessible
through the Site, b) publish content on the Site that is provided by other
users, content suppliers or any other third party other than SEO Rank Report, or
c) post advertisements and/or links to any third party web site on the Site or
in any electronic mail communications. SEO Rank Report does not control any such
third parties or their services, and you agree that SEO Rank Report will not be
liable to you in any way for your use of such services or accessing of any third
party site, nor does SEO Rank Report make any representation, guarantee,
recommendation, warranty or endorsement relative to the accuracy, quality,
reliability and/or completeness of any such third-party content. When accessing
such third-party web sites, you agree to do so solely at your own risk. These
third parties may have their own terms of use, terms of service, membership
agreements, and/or privacy policies. You must comply with such terms and
policies as well as this Agreement when you use these services. If any such
terms or policies conflict with this Agreement or any SEO Rank Report policy,
you must comply with this Agreement and SEO Rank Report policies, as applicable.
9. Software Downloads.
Any software that is made available to download from the Site is the proprietary
and copyrighted work of SEO Rank Report and/or its third-party suppliers, and is
protected by United States federal copyright laws. Use of the software is
governed by the End User License Agreement(s), which accompanies or is included
with the available software. By accessing, downloading or otherwise using such
software, you agree to be legally bound by the terms and conditions set forth in
the End User License Agreement(s). SEO Rank Report may cease offering the
software for download on the Site at any time without notice. SEO Rank Report
assumes no obligation with respect to supporting the Site or software, except as
expressly set forth in the End User License Agreement(s).
10. Disclaimer of Warranties.
You expressly agree that use of the Site is at your sole risk. The Site is
provided by SEO Rank Report on an “as is” and “as available” basis. SEO Rank
Report expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. SEO Rank
Report makes no warranties that the Site will meet your requirements and/or be
uninterrupted, timely, secure or error-free, nor does SEO Rank Report make any
warranty as to the accuracy or reliability of any information obtained and/or
downloaded through the use of the Site or that defects in the system and
software will be corrected. SEO Rank Report makes no warranty regarding any
goods or services purchased or downloaded through the use of the Site or any
third-party links or any information obtained or transactions entered into
through the use of the Site. No advice or information, whether oral or written,
obtained by you from SEO Rank Report shall create a warranty not expressly
stated herein. Furthermore, SEO Rank Report makes no warranties concerning the
suitability of the content contained on the Site for any purpose.
11. Disclaimer of Liability.
SEO Rank Report shall not be liable for any damages whatsoever, whether direct,
indirect, punitive, incidental, special or consequential, arising out of or in
any way connected to the use of the Site or with the delay or inability to use
the Site, or for any information, products and services obtained through the
Site, or otherwise arising out of the utilization of the Site, whether based in
contract, tort, strict liability or otherwise, even if SEO Rank Report has been
advised of the possibility of said damages. Furthermore, SEO Rank Report shall
not be liable for any damages arising from the interruption, suspension or
termination of the Site, including, but not limited to, direct, indirect,
incidental, special, consequential or exemplary damages, whether or not such
interruption, suspension or termination was justified, negligent or intentional.
12. Modifications.
SEO Rank Report reserves the right to modify and/or discontinue the Site,
whether temporarily or permanently, with or without notice to the users, and SEO
Rank Report shall not be liable to you or any third party for any such
modification and/or discontinuance of the Site. SEO Rank Report further reserves
the right to make revisions, modifications, additions, deletions or any such
changes to this Agreement at its sole discretion, at any time, with or without
notice to its users.
13. Indemnification.
You agree to indemnify and hold SEO Rank Report, subsidiaries, affiliates,
officers, agents, representatives, successors, members, principals and other
partners and employees harmless from any loss, liability, claim or demand,
including reasonable attorney’s fees, made by any third party due to or arising
out of your use of the Site or services set forth in this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations, obligations and warranties set forth above. SEO Rank Report
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not, in any event,
settle any matter without the written consent of SEO Rank Report.
14. Severability.
If any term or provision of this Agreement is determined to be illegal,
unenforceable or invalid in whole or in part for any reason, such illegal,
unenforceable or invalid provision(s) or part thereof shall be stricken from
this Agreement, and such provision(s) shall not affect the legality,
enforceability or validity of the remainder of this Agreement. If any provision
or part thereof is stricken in accordance with the provisions of this section,
then this stricken provision shall be replaced, to the extent possible, with a
legal, enforceable and valid provision that is as similar in tenor to the
stricken provision as is legally possible.
15. Jurisdiction.
If there is any dispute about or involving the Site provided by SEO Rank Report,
by using the Site, you agree that the dispute will be governed by the laws of
the State of Texas without regard to its conflict of law provisions. You agree
to personal jurisdiction by an arbitrator or mediator and the federal courts of
the State of Texas. Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration administered
by the American Arbitration Association in accordance with its Commercial (or
other) Arbitration Rules (including the Emergency Interim Relief Procedures),
and judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
16. Entire Agreement.
This Agreement represents the entire agreement between you and SEO Rank Report
with respect to your use of the Site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and SEO Rank Report with respect to your use of the Site.
Service Terms | Site Terms
This agreement sets out the legally binding terms of your use of the service
provided by SEO Rank Report to you (hereinafter referred to as “End User”, “You”
or “Your”), and may be modified by SEO Rank Report from time to time, such
modifications to be effective upon posting of the modified agreement. By
accessing, using and/or registering for the service provided by SEO Rank Report
(hereinafter referred to as the “Service”), you agree that you have read and
understand this End User Terms of Service and all of its contents (hereinafter
referred to as this “Agreement“), intend this Agreement to be the legal
equivalent of a signed, written contract and equally binding, and that you will
be subject to all of the terms and conditions set forth herein. You agree to
review the Agreement periodically to be aware of any such modifications,
additions, deletions or other changes, and your continued access, registration
and/or use of the Service shall be deemed your acceptance of the modified
agreement.
1. Description of Service.
The Service provided by SEO Rank Report enables the End User to send electronic
messages containing rich media content, including, but not limited to, images,
videos, music, sound clips and other audiovisual and/or interactive features.
Any new feature, enhancement, addition, change or upgrade to the current Service
shall be subject to the terms and conditions set forth in the Agreement herein.
2. Intellectual Property.
In consideration of Your use of the SEO Rank Report PSEO Rank Report solely and
exclusively owns all intellectual property and other rights, title and interest
in and to the SEO Rank Report service and all content and materials provided to
you through the Service, including, but not limited to, text, software, music,
sound, video, photographs, graphics and animation (hereinafter referred to as
the “Content”). All such content provided by SEO Rank Report and its licensors
through the Service is the sole and exclusive property of SEO Rank Report, and
any unauthorized use of the content may violate United States federal copyright
laws, patent laws, moral rights laws, trade secret laws, confidential
information laws, trademark laws, unfair competition laws or other similar
rights.
3. License.
SEO Rank Report grants you a limited, nontransferable, nonexclusive, revocable
license to access and use the Service and send, compose, read, print, save and
forward messages containing the Content as described and limited in this
Agreement. You hereby agree to access and use the Service for its intended
purposes, subject to your compliance with this Agreement, and are hereby
prohibited from utilizing the Service for any other purpose or to alter the
Content and/or Service in any way, including, but not limited to, removing or
deleting any proprietary rights notices. This license does not include the right
to collect or use information contained on the Site or through the Service for
purposes prohibited by SEO Rank Report, to compete with SEO Rank Report, create
derivative works based on any and all Content obtained through the Service, or
download or copy any Content obtained through the Service (other than page
caching). In addition, you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, transfer any content, information,
documents, graphics or other materials or Content obtained through your use of
the Service, in whole or in part, for commercial or non-commercial purposes.
License to use the Service is limited to personal use by the End User;
therefore, resale or commercial use of the Service or any other means to seek
financial gain from providing the Service to any third party, without the
express prior written consent of SEO Rank Report, is strictly prohibited. By
using the Service, you acknowledge and agree that portions of the Content is
provided to you by third-party licensors, and you hereby agree to adhere to and
comply with any such third-party’s license(s) and to refrain from violating any
such licensor’s intellectual property rights. If you use the service in a manner
that exceeds the scope of this license or breaches this Agreement, SEO Rank
Report may revoke the license granted to you.
4. End User Obligations.
By accessing, using and/or registering for the Service, you agree to: a) provide
true, accurate, complete and current user information as requested by SEO Rank
Report at any time; b) promptly and regularly update your user information to
maintain it’s accuracy and completeness; c) provide for your own access to the
Internet and pay any fees or costs relative to such access that is required to
access the Service; d) provide all necessary equipment and/or materials
necessary for you to make such connection to the Internet in order to access,
use and/or register for the Service. By providing any user information that is
untrue, inaccurate, incomplete and/or not current, SEO Rank Report reserves the
right to suspend or terminate your account and refuse any and all current or
future use of the Service, in whole or in part, by you.
5. End User Privacy
SEO Rank Report will not monitor, edit, review or disclose the contents of any
Messages composed and/or sent by an End User to a third-party recipient without
End User’s prior permission, unless: a) as required by law; b) in compliance
with legal authorities or during any legal proceeding; c) to enforce this
Agreement; d) to respond to any good faith belief or claim that such Message, or
any of its contents, violates the rights or interests of any third party or
violates this Agreement; and/or e) to protect the rights and/or property of SEO
Rank Report, its licensors or any other third party. As an End User composing
and/or sending such Messages, you acknowledge and agree that technical
processing of the Messages is required in order to send and receive such
Message, to conform to the technical requirements of connecting networks, to
conform to the limitations of the Service and its equipment, to conform to other
similar technical requirements, or as otherwise noted in the SEO Rank Report
Privacy Policy.
6. End User Conduct
By accessing and/or using the Service, you hereby represent and warrant that you
will not utilize the Service for any purpose that is unlawful and/or prohibited
by the terms and conditions in this Agreement. The Service provided by SEO Rank
Report makes use of the Internet to compose, send and receive Messages;
therefore, each End User’s conduct is subject to Internet law, regulations,
policies and procedures. By utilizing the Service, you shall not engage in
unlawful or unethical activities through your use of the Service, including, but
not limited to: a) unsolicited surveys, contests or pyramid schemes; b)
defamation, libel, slander, abuse, harassment, stalking, embarrassment,
threatening acts or otherwise violate the legal rights of any third party; c)
publish and/or distribute inappropriate, profane, vulgar, defamatory,
infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful,
immoral or otherwise objectionable material; d) harm minors in any way, form or
manner; e) harvest or collect any information about any third party, including,
but not limited to, e-mail addresses, without consent of such third party; f)
record conversations or communications between or among any other third parties
without the consent of such third parties; g) create false identities for the
purpose of misleading any third party as to the identity of the sender of any
Message or to manipulate the origin of any Message or transmission of same; h)
transmit or upload any content or materials that contain viruses, trojan horses,
worms, bots or any other harmful or destructive programs; i) transmit or upload
any content or materials that contain software or other content that is
protected by Intellectual Property Rights, including, but not limited to,
copyright, trademark and patent rights, rights of privacy or publicity, or any
other applicable law, unless you are the owner of such rights thereto or have
received all necessary consents by the respective owners of such rights; j)
transmit or upload any content or material that would encourage conduct that
could constitute a criminal offense, civil liability or otherwise violate any
applicable local, state, federal or international law, regulation or policy; k)
interfere with, disrupt or manipulate the Service, its networks or servers, or
violate the regulations, policies and procedures of such networks and servers;
l) successfully gain or attempt to gain unlawful and/or unauthorized access to
the Service and/or accounts, systems and networks connected to the Service by
password mining or other unauthorized means; m) violate any applicable laws,
policies or regulations, including, but not limited to, laws relative to the
transmission of data or software exported from the United States of America
through the Service and/or any other applicable local, state, federal and
international law and regulation; n) interfere with any individual, entity, or
any other third party’s use and enjoyment of the Service; o) use the Service to
advertise and/or promote any illegal activities; p) use the Service for illegal
purposes; q) use the Service for gambling or betting purposes; r) use the
Service to promote the use of alcohol, firearms or tobacco products; s) use the
Service to send electronic mail transmissions to any third party that include
links to any web site that violates the terms and conditions set forth in this
Agreement; or t) engage in any other conduct, activity or behavior that, in SEO
Rank Report’s sole and exclusive discretion, is considered unauthorized,
illegal, immoral or objectionable.
7. Spamming.
By accessing, using and/or registering for the Service, you shall not use the
Service, in whole or in part, in any way, for the purpose of composing and/or
sending chain letters, junk electronic mail, “spam”, or any purpose that
involves the utilization of distribution lists to any third party business or
individual that has not given express specific permission to be included in such
a distribution list. Any electronic mail advertisement that is composed and
addressed to a third-party recipient with whom the sender does not have an
existing business, commercial or personal relationship and which is not sent at
the express request or consent of the recipient to receive such a Message from
you is strictly prohibited (hereinafter referred to as “Spamming”). SEO Rank
Report reserves the right to immediately terminate any End User’s license to
access and/or use the Service if such End User uses the Service, in whole or in
part, for Spamming purposes, and SEO Rank Report reserves the right to seek
appropriate legal action as necessary for any such violation. If you reasonably
believe that any other user may be using the Service for Spamming purposes, you
hereby agree that you will promptly notify SEO Rank Report of any such
violation.
8. Monitoring
SEO Rank Report holds no obligation to monitor the Service, your use of the
Service or to store the content of any end user session. However, SEO Rank
Report reserves the right to monitor, review, retain, store or disclose any
information or content as necessary, at any time, in conjunction with any
applicable law, regulation, policy, legal process and/or government or police
request, or to enforce this Agreement herein at the sole discretion of SEO Rank
Report. You hereby agree that SEO Rank Report shall be held harmless from any
liability for any such monitoring, lack of monitoring, review, lack of review,
retention, lack of retention and/or disclosure of content or information as
described herein.
9. End User Accounts and Security.
As an End User of the Service, you will receive an end user account and password
to access said account. You are solely responsible for maintaining the
confidentiality and security of your account and password. You are solely
responsible for any and all activity that occurs within your end user account
while using the Service, including, but not limited to, the content located in
all electronic mail messages sent through the Service from your account. You may
modify or change your password at your sole discretion, at any time, by
following the instructions located on the SEO Rank Report web site. You
expressly agree to promptly notify SEO Rank Report of any unauthorized use of
your account or any other breach of security.
10. Unsolicited Submissions.
SEO Rank Report will not accept, review or consider any suggestions, ideas,
notes, drawings, diagrams, concepts or other information (hereinafter referred
to as “Information”) from any End User or other third party, other than those it
has specifically and expressly solicited, and SEO Rank Report therefore requests
that any End User or other third party refrain from sending any such Information
to SEO Rank Report. If any End User or other third party elects to send any
suggestion, idea, note, drawing, diagram, concept or other information, any such
Information shall be deemed the property of SEO Rank Report. End User hereby
assigns and transfers all Intellectual Property Rights in and to the Information
to SEO Rank Report, and End User further agrees to reasonably and promptly
effectuate the assignment described herein by executing all applicable
instruments and documents now or hereafter requested by SEO Rank Report which
are necessary to effectuate the assignment, as well as perform any other
reasonable act deemed necessary by SEO Rank Report to fully transfer ownership
of the Information to SEO Rank Report to the fullest extent possible. During any
such transfer of ownership of Information from End User to SEO Rank Report, SEO
Rank Report is not responsible or liable to provide compensation to End User in
any way, form or manner for the transfer or assignment of Intellectual Property
Rights in and to the Information, nor is SEO Rank Report subject to any
confidentiality policies on behalf of the End User regarding the Information
and, therefore, shall not be liable or owe any compensation to End User for any
use and/or disclosure of the Information.
11. User-Submitted Content.
You, as End User, have the sole and exclusive responsibility for any content,
data, text, software, music clips, sound, video, photographs, graphics,
messages, files or other material that is transmitted, posted or otherwise
distributed by you through the Service (hereinafter referred to as “End User
Content”), including, but not limited to, the contents of your electronic mail
communications, photographs posted by you on the SEO Rank Report Site or through
the Service. As such, you assume sole liability for all End User Materials
posted by you, whether publicly or privately posted and/or transmitted. SEO Rank
Report is not responsible and holds no liability relative to monitoring the End
User Content provided through the Service, and does not warrant, guarantee or
represent, in any way, the accuracy, quality and/or integrity of the End User
Materials. By utilizing the Service, you acknowledge that you may be exposed to
content or other materials submitted by third parties or other users that may be
offensive, indecent or otherwise objectionable, and that SEO Rank Report is held
harmless from any liability resulting or arising out of same. Likewise, SEO Rank
Report shall not be held liable for any errors or omissions in any content or
for any loss or damage incurred as a result of the use of any content
transmitted through the Service.
12. Use of Service and Storage Limitations.
SEO Rank Report may, at its sole discretion, establish and enforce general
practices, policies and limitations with regard to your use of the Service,
including, but not limited to: a) the maximum number of day(s) that electronic
mail messages or other uploaded content will be stored by the Service; b) the
maximum number of electronic mail messages that may be sent or received by your
account through the Service; c) the maximum size of any electronic mail messages
that may be sent or received by your account through the Service; d) the maximum
disk and/or server space that will be allotted to you on SEO Rank Report’s
servers for your use of the Service; and/or e) the maximum number of instances
and duration which you may access the Service in a given period of time. The
amount of electronic mail storage on SEO Rank Report’s server allotted to you
for your use of the Service is limited; however, additional storage space for
electronic mail messages may be available to you upon payment of additional
fees. SEO Rank Report shall not be held liable for the deletion of an electronic
mail message or the failure to compose or send an electronic mail message
through use of the Service, nor is SEO Rank Report liable for electronic mail
messages that are not processed or sent due to space limitations or outbound
message limitations. SEO Rank Report reserves the right to log off the account
of any end user which has been inactive for an extended period of time, at the
sole discretion of SEO Rank Report. SEO Rank Report further reserves the right
to modify, add to or otherwise change these practices, policies and limitations
at any time, with or without notice to you, at its sole discretion.
13. Termination.
As End User of the Service, if you disagree and/or are dissatisfied with the
Service, in whole or in part, or with any provision of this Agreement, in whole
or in part, or any subsequent modifications thereto, it is your sole and
exclusive obligation and remedy to terminate your End User account, for any
reason and at any time. To terminate your account, you must immediately
discontinue your use of the Service, notify SEO Rank Report of your intention to
terminate your End User account, and destroy all content and materials obtained
through your use of the Service, all related documentation and any originals or
copies of same. Upon execution of the termination process, you must cease all
use of the Service immediately, and any license granted to you by SEO Rank
Report to use the Service will be revoked. Termination of this Agreement and
your End User account to use the Service shall not have any effect on your
obligations to SEO Rank Report under any other agreement or policy relating to
the SEO Rank Report Service. Upon termination of your End User account, SEO Rank
Report shall not be liable, in any way, to you or any third party for
termination of your use of the Service, and SEO Rank Report shall not be
obligated to forward any unread, unsent or unprocessed electronic mail messages
to you or any third party. SEO Rank Report reserves the right to immediately
terminate your End User account and your access to the Service for any violation
of the terms and conditions set forth in this Agreement, with or without prior
notice to you, for any reason in SEO Rank Report’s sole and exclusive
discretion. Upon termination of your End User account and your access to the
Service, you must destroy all content and materials obtained through your use of
the Service, all related documentation and any originals or copies of same. Upon
termination of your End User account by SEO Rank Report, SEO Rank Report
reserves the right to immediately delete all electronic mail messages in your
End User account and prohibit any and all further access to those electronic
mail messages and/or your use of the Service.
Cancellation Policy
We require that you fax us your cancellation request. This is required due to
the sensitive nature of the information that you keep within your account. We
want to make sure we have your written permission before we delete your account.
We do require a 30 days notice before cancelling your account.
Please download this pdf file, fill it out and fax back to 972-479-0717.
Refunds - If you prepaid for an annual plan and you wish to cancel, then the
refund is only for 1/2 of the year. The refund request must be made in the first
half of the year. No refunds are allowed on price guarantee custom plans.
If any customer is deemed to have violated our antispam policy as determined by
SEO Rank Report, then no refunds apply.
14. Disclaimer of Warranties.
You expressly agree that use of the Service is at your sole risk. The Service is
provided by SEO Rank Report on an “as is” and “as available” basis. SEO Rank
Report expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. SEO Rank
Report makes no warranties that the Service will meet your requirements and/or
be uninterrupted, timely, secure or error-free, nor does SEO Rank Report make
any warranty as to the accuracy or reliability of any information obtained
and/or downloaded through the use of the Service or that defects in the system
and software will be corrected. SEO Rank Report makes no warranty regarding any
goods or services purchased or downloaded through the use of the Service or any
third-party links or any information obtained or transactions entered into
through the use of the Service. No advice or information, whether oral or
written, obtained by you from SEO Rank Report shall create a warranty not
expressly stated herein. Furthermore, SEO Rank Report makes no warranties
concerning the suitability of the content provided through the Service for any
purpose.
15. Disclaimer of Liability.
SEO Rank Report shall not be liable for any damages whatsoever, whether direct,
indirect, punitive, incidental, special or consequential, arising out of or in
any way connected to the use of the Service or with the delay or inability to
use the Service, or for any information, products and services obtained through
use of the Service, or otherwise arising out of the utilization of the Service,
whether based in contract, tort, strict liability or otherwise, even if SEO Rank
Report has been advised of the possibility of said damages. Furthermore, SEO
Rank Report shall not be liable for any damages arising from the interruption,
suspension or termination of the Service, including, but not limited to, direct,
indirect, incidental, special, consequential or exemplary damages, whether or
not such interruption, suspension or termination was justified, negligent or
intentional.
16. Modifications.
SEO Rank Report reserves the right to modify and/or discontinue the Service,
whether temporarily or permanently, with or without notice to the users, and SEO
Rank Report shall not be liable to you or any third party for any such
modification and/or discontinuance of the Service. SEO Rank Report further
reserves the right to make revisions, modifications, additions, deletions or any
such changes to this Agreement at its sole discretion, at any time, with or
without notice to its users.
17. Indemnification.
You agree to indemnify and hold SEO Rank Report, subsidiaries, affiliates,
officers, agents, representatives, successors, members, principals and other
partners and employees harmless from any loss, liability, claim or demand,
including reasonable attorney’s fees, made by any third party due to or arising
out of your use of the Site or services set forth in this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations, obligations and warranties set forth above. SEO Rank Report
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not, in any event,
settle any matter without the written consent of SEO Rank Report.
18. Jurisdiction.
If there is any dispute about or involving the Service provided by SEO Rank
Report, by using the Service, you agree that the dispute will be governed by the
laws of the State of Texas without regard to its conflict of law provisions. You
agree to personal jurisdiction by an arbitrator or mediator and the federal
courts of the State of Texas. Any controversy or claim arising out of or
relating to this Agreement, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association in accordance
with its Commercial (or other) Arbitration Rules (including the Emergency
Interim Relief Procedures), and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
19. Severability.
If any term or provision of this Agreement is determined to be illegal,
unenforceable or invalid in whole or in part for any reason, such illegal,
unenforceable or invalid provision(s) or part thereof shall be stricken from
this Agreement, and such provision(s) shall not affect the legality,
enforceability or validity of the remainder of this Agreement. If any provision
or part thereof is stricken in accordance with the provisions of this section,
then this stricken provision shall be replaced, to the extent possible, with a
legal, enforceable and valid provision that is as similar in tenor to the
stricken provision as is legally possible.
20. Entire Agreement
This Agreement represents the entire agreement between you and SEO Rank Report
with respect to your use of the Service, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and SEO Rank Report with respect to your use of the
Service.