CONDITIONS OF USE
Best Rank, Inc. (“we” or “us”) provides a collection of online resources where individuals, companies, and other organizations (“Customers”) may connect with us to engage us in possible business relationships or partnerships. By your use of the Best Rank website (“Site”), the following contract terms and conditions (“Terms”) will apply to you and to us.
USER CONTRIBUTES TO THE SITE
We provide users with the opportunity to post comments on Best Rank’s blog. You understand that all information, articles, data, links, text, software, photographs, graphics, video, music, sound, or other materials posted by you on the Site or otherwise submitted to us (collectively, the “User Content”), whether publicly posted or privately transmitted, are your sole responsibility. You will ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site. We may, at any time, remove any User Content at our sole discretion.
You may be held liable for any illegal or prohibited User Content that you provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible inappropriate content on or through the Site.
If you discover inappropriate content or activity on the Site, please notify us immediately at firstname.lastname@example.org.
LICENSE TO USER CONTENT
We do not claim ownership of your User Content. However, with respect to content that you elect to submit to us in any form, you grant us and our affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating we choose. You further agree that we are free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
DISCLAIMER AND WARRANTIES
OUR SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO OUR SERVICES, THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
NEITHER YOU NOR WE SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THIS CONTRACT OR OUR SERVICES, WHETHER UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS WHETHER EITHER OF US HAD KNOWLEDGE THAT SUCH DAMAGES MAY OCCUR. WITHOUT LIMITING ANY OTHER PROVISION OF THIS CONTRACT, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US UNDER THIS CONTRACT. Some states may not recognize the enforceability of this provision to its fullest extent.
You shall not submit, post or otherwise publish information or other content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties. You shall not use the Website for any purpose related to software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You shall not use a false email address, impersonate any person or entity, or otherwise mislead as to your identity or other content. You represent and warrant that you own all of the rights to the content that you submit; that the content does not violate the copyrights or other rights of any third party; that the content will not cause injury to any person or entity; and that you will indemnify and defend us for all claims, damages, expenses, attorneys fees, and other losses that may arise relating in any way to content you supply. We do not regularly or proactively review posted or submitted content. We have the right, but not the obligation to monitor, edit or remove any activity or content, but we shall not be responsible to do so and shall not be liable for not doing so.
Children (persons under the age of 18) are not eligible to use BestRank.com’s services.
No part of the Website may be reproduced, duplicated, copied, downloaded, sold or otherwise exploited for any purpose without our express written consent. No data mining, robots, or similar data gathering and extraction tools shall be used on the Website.
COPYRIGHTS AND TRADEMARKS
All graphics, text, designs and other content provided on the Website are owned by or licensed to us, and are protected by United States and international copyright laws. The content may not be reproduced, transmitted or distributed without our prior written consent. All trademarks, service marks, trade names, logos and graphics identifying us and our services (the “Marks”) are owned by or licensed to us in the United States. The Marks shall not be used without our prior written consent. You shall not use any meta-tags, keyword buys or any other “hidden text” utilizing the Marks without our express written consent.
You may be contacted via phone or e-mail by Best Rank to confirm your request and/or to gather additional information. You may also receive communication asking you to provide feedback on your experience with Best Rank and any person you dealt with from Best Rank. You may receive e-newsletters and special promotions from Best Rank, but you may elect to be removed from these communications at any time by following the link at the bottom of the communication.
This contract (a) embodies the entire understanding between us pertaining to the subject matter hereof; (b) shall inure to the benefit of and be binding upon us and our successors and permitted assigns; (c) cannot be waived by failure to enforce any provision hereof, except in writing; (e) shall be construed according to the laws of the state of California, USA, without giving effect to its conflict of laws provisions and (d) shall be construed as severable, so the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of this contract. Any legal proceeding filed regarding the breach, termination or interpretation of this contract, or in any other way relating to this contract shall be subject to the exclusive jurisdiction of the federal and state courts located in San Diego, County, California, USA. You hereby consent to personal jurisdiction in San Diego for this limited purpose.