Rank Watch is a toolset for SEO professionals that provides Internet marketing tools for search engine optimization (“SEO”) social media management (SMM) website optimization, including research and analysis, link building, campaign management, automated tracking of search engine performance, analytics and conversion tracking, and SEO reports.
(a) The Site,
(b) The on-demand Rank Watch SEO platform, tools and Rank Watch API, and
(c) The other services
These services are provided to you through the site based on the plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the site, or developed via the Rank Watch API (collectively, “Content”). Any new features added to or augmenting the Service, are also subject to these Terms.
Rank Watch provides a free account and several tiered service, fee based accounts. Fees are based on the package the user has chosen. Each package has a base fee, which may incur extra charges for overages. Overage charges may apply to some services. You need to pay for services rendered above and beyond those included with your package.
Account Downgrading: Downgrading your subscription plan level may cause the loss of content, features, or capacity of your account and you will be released by Rank Watch from any liability for such loss. In order to initiate the account downgrading process, you must manually delete the number of keywords tracked to permit use of the service on the desired subscription plan tier. If you do not make those changes prior to requesting the downgrade of your account, the action will not be authorized and you will remain on your current subscription plan tier until all appropriate and requested actions are made.
Representations and Warranties: You have to represent and warrant that all the information provided to Rank Watch for using the service is correct, and current. Also, you need to ensure that you have all the necessary right, power, and authority to enter this agreement and perform the acts required as enumerated in this Agreement.
Third-Party Content: Certain content, products or services made available through the Rank Watch service may include materials from third parties. In addition, Rank Watch may provide links to certain third-party websites as needed or to be used as reference when applicable. We are not responsible for this content or these websites, and you must agree not to hold us liable for any damage that may result from accessing or using them.
No Thirty Party Beneficiaries: As a user of the Rank Watch service, you acknowledge that there shall be no third party beneficiaries to the agreement.
Limitation of Liability: Under no circumstances shall Rank Watch be liable to any user or third party on account of that user's use or misuse of or reliance on the service arising from any claim relating to this agreement or the website, or the service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages including last profits, lost sales or business, lost data or business interruption whether such claim is based on warranty, contract, or tort (including negligence). Without limiting the generality of the foregoing, under no circumstances shall Rank Watch be held liable for any delay or failure in performance resulting directly or indirectly from acts, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes (including lawful and unlawful strikes), riots, insurrections, civil disturbances shortages of labor or materials, fires, floods, storms, explosions, acts of God, ware, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Rank Watch shall not be liable for any direct damages, costs, losses or liabilities whatsoever by any user or third party. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these situations, ‘Rank Watch' liability will be limited to the greatest extent permitted by law.
Assignment: Rank Watch may assign or transfer Agreement, in whole or in part, without restriction. In the event of an assignment or transfer, all rights to your data will be transferred, and you may be required by the beneficiary of the assignment or transfer to enter into a new agreement.
Cancellation: You are responsible for properly cancelling your account. You may cancel your account at any time by going to your PayPal or Recur account to cancel future charges for the service. Any method of communication other than electing to cancel your subscription plan inside your selected payment method will not be considered cancellation. All of your content will be immediately deleted from the service upon cancellation. This data cannot be recovered once your account is cancelled. If you pay your subscription in monthly installments and you cancel your subscription prior to the end of the subscription period, Rank Watch will terminate your access to the service and cease billing for future use of the service. However, you will remain responsible for all charges incurred prior to Rank Watch terminating access to your account. Nonpayment of the Rank Watch service seven (7) days after the last date of billing will constitute and initiate the cancellation of your account. After canceling your account by terminating future billings through PayPal or Recur, please submit a support ticket to initiate the termination of your account immediately.
MODIFICATIONS: The Rank Watch Team reserves the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of Rank Watch service or access to Rank Watch website following the changes in these Terms constitutes acceptance of those changes.
Governing Law: This Agreement shall be governed by and construed under the laws of the state of India without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Indian law, rules, and regulations, Indian law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New Delhi, India. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.