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Please read this Agreement carefully before accessing or using the Product. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Product or use any services. If these terms and conditions are considered an offer by Company, acceptance is expressly limited to these terms. The Product is available only to individuals who are at least 19 years old.
- Your Company Account and Site. If you create an online customer account to use the Product, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your comments or accounts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Company may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Company liability. You must immediately notify Company of any unauthorized uses of your account or any other breaches of security. Company will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a blog, post material to the Product, post links on the Product, or otherwise make (or allow any third party to make) material available by means of the Product (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Company or otherwise.
By submitting Content to Company, you grant Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog. If you delete Content, Company will use reasonable efforts to remove it from Products and listings, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Company has the right (though not the obligation) to, in Company’s sole discretion (i) refuse or remove any content that, in Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Product to any individual or entity for any reason, in Company’s sole discretion. Company will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Any of our paid software available on the Product (any such services, or plans). By selecting a Software Subscription you agree to pay Company the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. If you’ve selected a one-time optimization product, your payment is received upfront and the work is completed after. There are no subscriptions or ongoing payments with these one-time optimization products. Fees are not refundable.
- Automatic Renewal.
Unless you cancel before the end of the applicable subscription period, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you. Your Subscription can be canceled at any time in the Account section of your profile.
- Company Tools/Software
- Fees; Payment. By signing up for a Company subscription you agree to pay Company the setup fees and monthly fees indicated by the said subscription plan in exchange for the services listed. Applicable fees will be invoiced starting from the day your Subscription is established and in advance of using such services. Company reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your subscription can be canceled by you at anytime. For one-time optimization products, all that is required is an upfront payment for the product – there are no ongoing fees for these products.
- Support. Paid Subscription accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Company to respond within one business day) concerning the use of the Tool/Software in question. Account support will be provided in accordance with Company standard practices, procedures and policies.
- Refund Policy. No refunds. As you get immediate access to the tool and use our resources, we do not offer refunds on any of our Paid accounts.
- Cancelling Your Account. You can cancel any Company subscription at any time by calling a customer service representative Monday-Friday 9am-5pm CST. When you cancel, your access to the plan features will still be available until your existing subscription expires. For example, if you sign up at the beginning of the month for a monthly subscription, then cancel mid-month, you’ll still be able to access the features of your account until the end of the month.
- Responsibility of Product Users. Company has not reviewed, and cannot review, all of the material, including computer software, posted to the Product or Directories, and cannot therefore be responsible for that material’s content, use or effects. By operating the Product, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Product may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Product may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Company disclaims any responsibility for any harm resulting from the use by visitors of the Product, or from any downloading by those visitors of content there posted.
- Content Posted on Other Products. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Products and webpages to which Product links, and that link to Product. Company does not have any control over those Products and webpages and is not responsible for their contents or their use. By linking to a Product or webpage, Company does not represent or imply that it endorses such Product or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Company disclaims any responsibility for any harm resulting from your use of non-WordPress Products and webpages.
- Intellectual Property. This Agreement does not transfer from Company to you any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company. The LocalSearchFuel.com/Hurrdat.com logo, and all other trademarks, service marks, graphics and logos used in connection with Product, or the Website are trademarks or registered trademarks of Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Product may be the trademarks of other third parties. Your use of the Product grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.
- Changes. Hurrdat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Product following the posting of any changes to this Agreement constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Product (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Company may terminate your access to all or any part of the Product at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Company account (if you have one), you may simply discontinue using the Product. Notwithstanding the foregoing, if you have a Company account, such account can only be terminated by Company if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Company’s notice to you thereof; provided that, Company can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Product is provided “as is”. Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Company nor its suppliers and licensors, makes any warranty that the Product will be error free or that access thereto will be continuous or uninterrupted.
- Limitation of Liability. In no event will Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Company under this agreement during the twelve (12) month period prior to the cause of action. Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Product, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Company, or by the posting by Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Product will be governed by the laws of the state of Nebraska, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Nebraska. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.