Site Checker Terms and Conditions September 2009
Services Agreement Terms and Conditions
If you do not agree to the Terms and Conditions and to be bound by the Rules you should not purchase Site Checker. Your Site Checker account will not be activated or your Service will be terminated, as applicable. If at any time you do not agree to be bound by these Rules and the scope of the Site Checker services you should immediately end your use of Site Checker services.
Site Checker may change the Rules and the scope of the Site Checker services in whole or in part, at any time without notice. Such changes will be posted on the Site Checker site and such posting will constitute notice to you. Links to the Rules can be found on the Site Checker home page. Each time before using the Site Checker services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Site Checker services. Your continued use of Site Checker services after the posting of any such change constitutes your acceptance of all the changes.
This Agreement is hereby entered into between Site Checker and the party executing this Agreement ("Subscriber") on the following terms and conditions. Whereas Site Checker provides link and image checking and competitive analysis Services and the subscriber wishes to use Site Checker's Service, the parties agree as follows:
LIMITATION OF LIABILITY
All Subscribers are required to abide by the Rules. By activating an account, you become a Subscriber. You then agree to indemnify and hold harmless Site Checker for any loss, liability, and damage arising from or in connection with the contents or service of any Site Checker Service.
Site Checker is not responsible, directly, indirectly or consequentially, for the content or the suitability of the information contained in the email alerts and reports generated by Site Checker and included on the Site Checker Web site. Site Checker has exercised reasonable care to ensure that the information in the email alerts and reports generated by Site Checker is correct and accurate based on the input collected.
Site Checker does not accept liability for any damage direct, indirect or consequential for the use of the services or information associated with the Web sites monitored by Site Checker nor does Site Checker accept any responsibility and / or liability, directly, indirectly, or consequentially, for failures or omissions with regard to the alert notifications email reports.
The Subscriber agrees that Site Checker is not liable for any monetary amount with regard to the Services. The subscriber agrees that Site Checker is not liable for any monetary amount in excess of the fees paid to Site Checker by Subscriber during the preceding twelve months with regard to the Fee-based (paid) services. In no event shall Site Checker be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost savings or profit, lost data or business interruption even if Site Checker is notified in advance of such possibility). This includes damages incurred by the subscriber, the subscriber's own customers or any third party.
Site Checker disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with this.
REFUNDS, CREDITS AND CANCELLATIONS
The fee-based Services are based on fees paid via the Subscriber's credit card. Site Checker does not issue credits or refunds in the event of a change in services requested or cancellations. The cost to track and issue credits or refunds would be relatively high and the benefit would be relatively low considering the nominal fees.
ENTIRE AGREEMENT AND MODIFICATIONS
The terms of this agreement constitute the entire agreement between Site Checker and the Subscriber regarding its subject matter and its terms supercede any prior or simultaneous agreement or terms, whether oral or written. Except as provided herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein.
Subscriber may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of Site Checker.
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