Terms and Conditions
Version: January 27th, 2012
Welcome to the website LinkResearchTools.com - hereafter referred to as "the Service" – which is implemented, operated and hosted by the online marketing company CEMPER.COM ("the Provider"). By registration to the LinkResearchTools.com you ("the Client") agree to be bound by the following Terms and Conditions (this "Agreement") below. If you object to anything in this Agreement, you can not use the Service. This Agreement may be changed and modified by the Provider at anytime and will be effective upon posting on the Website. You agree to any kind of modifications by your use of the Service after such posting. These Terms and Conditions of the Service govern the relationship between you and CEMPER.COM
1. Description of the Service
The Service provides users with access to a comprehensive collection of resources, including by not limited to, search engine optimization tools and link analysis tools.
2. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of and relationship to the Service. These Terms and Conditions may be changed and modified by the Provider at any time. The modifications will be effective upon posting on the Website of the Service by the Provider. The Client agrees to the modification by further use of the Service.
3. Electronic Form
By accessing the Service you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, the Client must have access to the World Wide Web.
4. Proprietary Rights
The Provider owns and retains all proprietary rights of the Service. The Service contains the copyrighted material, trademarks and other proprietary information of the Provider.
5. No Resale or Redistribution of Service
With this Agreement you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, and create derivative works, or exploit for any commercial purposes, any portion of the Service.
6. Privacy
The Provider reserves the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary.
7. Unauthorized Usage
7.1. You must be a human. Accounts must not be registered by "bots" or any other automated methods.
7.2. The software is licensed for one user except the "Enterprise" plan. Clients of the "Enterprise" plan are licensed for 5 active users plus any number of free read-only users ("Client Users"). In order to enforce this policy, the Provider has taken the right to limit the usage per account, except the "Enterprise" plan, to a total of three IP addresses.
7.3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is in any kind associated with the Service of the Provider. You may not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript. The code is the Provider's copyright.
8. Age Requirements
The Client must be at least eighteen (18) years of age to use the Service. By using the Service, you warrant and represent that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. As the Service is intended for adults, the Provider will not knowingly collect personal information from children under 13 years of age. If you are a parent or a legal guardian of a child under the age of 13 and believe that a child has submitted personal information to the Service, please contact us at feedback@linkresearchtools.com.
9. Blocking of IP Addresses
The Provider reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website of the Service. In this way the Provider can ensure the integrity of the Service.
10. Subscriptions, Charges on you Billing Account
10.1. General
You agree to pay the Provider the subscription fee specified on http://www.linkresearchtools.com/products-overview/ during a subscription period.
10.2. Payment Method
A valid Paypal account, a valid credit card or a bank account is required to subscribe to the Service. The payment services of the Provider include PayPal, 2checkout, Ogone, Wire Card, etc. For PayPal to bills subscription type products a valid credit card is required. None of your billing information is stored on the LinkResearchTools.com servers.
10.3. Cancellation
The Client is solely responsible for cancelling the account. You can cancel the payment subscription anytime by yourself or via e-mail to feedback@linkresearchtools.com. By cancelling the payment subscription the Client automatically cancels the contract.
10.4. Auto-Renewal of the Client's Subscription Period
The Client is entitled to receive the Service only during the subscription period specified on you Billing Form. All subscriptions will automatically renew at the end of the subscription period until it is cancelled by you. You will not receive any Notice of Auto-renewal anymore.
10.5. Recurring Billing
Some of our subscriptions plans use recurring billing. If you choose to pay on a monthly basis, you will automatically be charged the Subscription fee for the subsequent months until you cancel the Service before the new Subscription Period begins. Please notice, that the Client is solely responsible for cancelling the Subscriptions. Refunds can not be given. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.
10.6. Payment failures
You are to cure the reason for unsuccessful charges within 48 hours of notification by the billing system (i.e. PayPal, 2Checkout, Ogone or Wirecard) and/or the broker. A failure to charge a renewal payment successfully (i.e. due to an expired credit card) does not excurse you from not paying. You must pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1,5 %) per month computed from the due date of each payment, or the maximum rate permitted by law. Furthermore the Client must also be liable for all attorneys' fees and collection costs arising from the Provider's efforts to collect unpaid balances.
10.7. Unconditional Money-Back Guarantee
Every subscriber has the right to get a full refund for the first month of a subscription within 30 days after the subscription started. This guarantee applies only once per person/company.
10.8. Current Information Required
The client is obliged to supply current, complete and accurate information to the provider. Clients with their head office located within the European Union are self-responsible to supply their Value Added Tax (VAT) number to the provider; otherwise they will be charged 20 % Austrian VAT. If the client provides the VAT number after payment a subsequent recalculation of the sales tax or a refund of the sales tax, is not possible due to the previously announced transfer of tax liability by the provider. In addition, the client is self-responsible to update his data in any case of a change.
10.9. Reaffirmation of Authorization
The Clients non-termination or continued use of the Service reaffirms that the Provider is authorized to charge your Payment Method.
11. Modification to Service
The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Reliance on Content, Advice, etc.
Any advice that may be posted on the Website is for informational and entertainment purposes only. It not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. The Provider does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will the Provider or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any other Clients.
13. Disclaimers of Warranties
The Service is provided "AS-IS" and on an "AS-AVAILABLE" basis. The Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Provider cannot guarantee and does not promise any specific results from the use the Service.
You agree that you must evaluate, and bear all risks associated with, the use of the Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the Service or the Provider. Use of the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. The Provider cannot and does not guarantee compatibility with other systems and hardware
14. Labeling
The Provider is entitled to refer to the Client on every advertisement material or advertisement effort without any claim of compensation by the Client. Under reservation of the Client's possible disconfirmation in written form is the Provider entitled to point out the existing business relationship with the Client on the Provider's very own advertising mediums and especially on its internet website with name and company logo of the Client.
15. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will the Provider be liable to the Client or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
16. Disclaimers and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
17. Indemnity by You
You agree to indemnify and hold the Providers and other partners and employees, harmless from any loss, liability, claim, or demand.
18. No Third Party Beneficiaries
The Client agrees that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement
19. Applicable Law, Place of Execution and Place of Jurisdiction
The Sole jurisdiction is Vienna, Austria.
Solely Austrian right with the exception of international reference norms shall be applied to the legal relationship between the Client and the Provider. The regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
A local and factual responsible Austrian court for the place of business of the Provider will be the agreed upon place of jurisdiction for all resulting conflicts between the Provider and the Client.
20. Provider Information & Contact Details
Postal Address:
Wagramer Str. 25/3/17/68
A-1220 Vienna
Austria
Phone/Fax:
fon AT: +43 1 23 66 385
fax AT: +43 1 953 50 19
fon US : (800) 230 3975
fon UK: 0800 8101116
Company Registration Data:
Company Name: CEMPER.COM
Company Reg Nr. : FN 269754y
Tax Reg. Nr. : 189/5973
VAT-ID: ATU62127727
Gewerbereg.Reg. : 104381F22, MBA22-104381F22/0001/002
We value your privacy. We will never give, rent or sell your personal information to anyone else.
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