TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web
site to be
useful, informative, helpful, honest and fun. Hopefully
we’ve accomplished
that — and would ask that you let us know if you’d
like to see improvements
or changes that would make it even easier for you to find the
information you need and
want.
All we ask is that you agree to abide by the
following Terms and Conditions. Take a few minutes to look them over
because by using our
site you automatically agree to them. Naturally, if you don’t
agree, please do not
use the site. We reserve the right to make any modifications that we
deem necessary at
any time. Please continue to check these terms to see what those
changes may be! Your
continued use of the OutRankSmart.com Web site means that you accept
those
changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online
Materials
All Online Materials on the OutRankSmart.com site, including, without
limitation, text,
software, names, logos, trademarks, service marks, trade names, images,
photos,
illustrations, audio clips, video clips, and music are copyrighted
intellectual property.
All usage rights are owned and controlled by OutRankSmart.com. You, the
visitor, may
download Online Materials for non-commercial, personal use only
provided you 1) retain
all copyright, trademark and propriety notices, 2) you make no
modifications to the
materials, 3) you do not use the materials in a manner that suggests an
association with
any of our products, services, events or brands, and 4) you do not
download quantities of
materials to a database, server, or personal computer for reuse for
commercial purposes.
You may not, however, copy, reproduce, republish, upload, post,
transmit or distribute
Online Materials in any way or for any other purpose unless you get our
written
permission first. Neither may you add, delete, distort or misrepresent
any content on the
OutRankSmart.com site. Any attempts to modify any Online Material, or
to defeat or
circumvent our security features is prohibited.
Everything you download, any software, plus
all files, all images incorporated in or generated by the software, and
all data
accompanying it, is considered licensed to you by OutRankSmart.com or
third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of
the software to you. That means that we retain full and complete title
to the software
and to all of the associated intellectual-property rights.
You’re not allowed to
redistribute or sell the material or to reverse-engineer, disassemble
or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to
Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send
to OutRankSmart.com through our site (other than information we promise
to protect under
our privacy policy becomes and remains our property, even if this
agreement is later
terminated.
That means that we don’t have to
treat
any such submission as confidential. You can’t sue us for
using ideas you submit.
If we use them, or anything like them, we don’t have to pay
you or anyone else for
them. We will have the exclusive ownership of all present and future
rights to
submissions of any kind. We can use them for any purpose we deem
appropriate to our
OutRankSmart.com mission, without compensating you or anyone else for
them.
You acknowledge that you are responsible for
any submission you make. This means that you (and not we) have full
responsibility for
the message, including its legality, reliability, appropriateness,
originality, and
copyright.
Limitation of Liability
OutRankSmart.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT
FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO)
DAMAGES OR INJURY CAUSED BY ANY:
- USE
OF (OR INABILITY TO USE) THE SITE
- USE
OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
- FAILURE
OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED
- ERROR
ON OUR SITE
- OMISSION
ON OUR SITE
- INTERRUPTION
OF AVAILABILITY OF OUR
SITE
- DEFECT
ON OUR SITE
- DELAY
IN OPERATION OR TRANSMISSION OF OUR
SITE
- COMPUTER
VIRUS OR LINE FAILURE
- PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
- DAMAGES
INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A
LOSS OR INJURY
- DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE
BEEN
NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW
US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF
YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD
NOT APPLY WHICH
WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU
FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES
ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE
GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site.
Such a link should not be seen as an endorsement, approval or agreement
with any
information or resources offered at sites you can access through our
site. If in doubt,
always check the Uniform Resource Locator (URL) address provided in
your WWW browser to
see if you are still in a OutRankSmart.com-operated site or have moved
to another site.
OutRankSmart.com is not responsible for the content or practices of
third party sites
that may be linked to our site. When OutRankSmart.com provides links or
references to
other Web sites, no inference or assumption should be made and no
representation should
be inferred that OutRankSmart.com is connected with, operates or
controls these Web
sites. Any approved link must not represent in any way, either
explicitly or by
implication, that you have received the endorsement, sponsorship or
support of any
OutRankSmart.com site or endorsement, sponsorship or support of
OutRankSmart.com,
including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by
either party. You may
terminate this agreement at any time, by destroying all materials
obtained from all
OutRankSmart.com Web site, along with all related documentation and all
copies and
installations. OutRankSmart.com may terminate this agreement at any
time and without
notice to you, if, in its sole judgment, you breach any term or
condition of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing
material on our Web site, we do not in any way promise that the
materials will remain
available to you. And OutRankSmart.com is entitled to terminate all or
any part of any of
its Web site without notice to you.
Jurisdiction and Other Points to
Consider
If you use our site from locations outside of the United States, you
are responsible for
compliance with any applicable local laws.
These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of the Malta (NA),
as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated
or threatened to violate OutRankSmart.com and/or its affiliates'
intellectual property
rights, OutRankSmart.com and/or its affiliates may seek injunctive or
other appropriate
relief in any state or federal court in the State of Malta (NA), and
you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the
following location: Malta (NA). Any costs and fees other than attorney
fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to submit
the dispute to
binding arbitration at the following location: Malta (NA), under the
rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may
be entered in any court with jurisdiction to do so.
OutRankSmart.com may modify these Terms of
Use, and the agreement they create, at any time, simply by updating
this posting and
without notice to you. This is the ENTIRE agreement regarding all the
matters that have
been discussed.