Acceptance Of Terms
Your access to and use of web sites and services ("the Web Sites and Services") owned or operated by RankTracker is subject exclusively to these Terms and Conditions. You will not use the Web Sites and Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Web Sites and Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Web Sites and Services.
For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a "Subscriber". As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.
Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your account page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process
You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the Company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that the Company may charge interest of 1.5% per month for past due accounts and that you are liable for attorneys' fees and reasonable collection costs arising from Company's efforts to collect on past due amount.
No Refunds. RankTracker is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your membership level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.
The contents of the Web Sites and Services do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes To Web Sites And Services
RankTracker reserves the right to change or remove (temporarily or permanently) the Web Sites and Services or any part of them without notice and you confirm that RankTracker shall not be liable to you for any such change or removal.
RankTracker also reserves the right to change these Terms and Conditions at any time, and your continued use of the Web Sites and Services following any changes shall be deemed to be your acceptance of such change.
Links To Third Party Web Sites
The Web Sites and Services may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trade marks and all other intellectual property rights in the Web Sites and Services and their content (including without limitation the Web Sites and Services designs, text, graphics and all software and source codes connected with the Web Sites and Services) are owned by or licensed to RankTracker or otherwise used as permitted by law.
In accessing the Web Sites and Services you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Web Sites and Services for personal, non-commercial use only.
Intellectual Property Rights
You agree to enter into any software licence agreement reasonably required by RankTracker in respect of any software made available to you under this agreement. You acknowledge and agree that all intellectual property rights in the services and any associated software are vested and shall remain vested in RankTracker, or its suppliers, as appropriate.
Disclaimers And Limitation Of Liability
The Web Sites and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, RankTracker will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Web Sites and Services.
RankTracker makes no warranty that the functionality of the Web Sites and Services will be uninterrupted or error free, that defects will be corrected or that the Web Sites and Services or the server or servers that make the Web Site or Services available are free of viruses or anything else which may be harmful or destructive.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any damage or loss arising from the consequences of viruses received by you via the Web Sites and Services or of our failure to provide the Web Sites and Services in accordance with these Terms and Conditions; or any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of RankTracker for death or personal injury as a result of the negligence of RankTracker or that of its employees or agents.
Except for our liability for death or injury as a result of our negligence any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of the Web Sites and Services is limited to £100 in any 12 month period.
You agree to indemnify and hold RankTracker and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against RankTracker arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Web Sites and Services.
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes, labour disputes, acts of God, war, riot, civil action, malicious acts or damage, compliance with any law, governmental or regulatory order, rule, regulation or direction, any act or omission of any government or other competent authority, accident, equipment or services failure, including the unavailability of third party telecommunication services, lines or other equipment, fire, flood or storm).
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, as it is applied to agreements entered into and to be performed entirely within such jurisdiction and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.