RankQuest - Beta Service Agreement for SEO DIFF

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE BETA SOFTWARE. RANKQUEST IS ONLY WILLING TO PROVIDE THE BETA SERVICE TO YOU UNDER THESE TERMS AND CONDITIONS. ANY USE OF THE BETA SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.

1. Purpose of Agreement
1.1 This service agreement ("Agreement") for use of SEO DIFF, hosted service of RankQuest ("Beta Service" or "Service"), is between RankQuest ("RankQuest", "us", or "our") and the Subscriber ("you" or "your"). This Agreement sets forth the terms and conditions under which RankQuest agrees to provide, and you agree to use, the Beta Service.
 
1.2 RankQuest shall have sole authority and discretion to determine the period of time for testing and evaluation of the Beta Service. RankQuest shall be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service as a commercial service. License shall have no obligation to acquire a subscription to use the Beta Service released as a commercial service.

2. Description of Beta Service
RankQuest provides Beta members to use SEO DIFF Service to monitor the difference in web page content for SEO purpose. The service can be accessed through the Internet.

3. Right to Terminate/Modify Terms of Service
RankQuest may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for the Beta Service. RankQuest may provide notice to you of any such modification by electronic mail or by publishing the changes on its Web site. In the event RankQuest modifies these Terms of Service, you may terminate your use of the Beta Service. Your continued use of the Beta Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service. RankQuest may also terminate your use or right to use the Beta Service at any time for any reason. RankQuest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Beta Service (or any part thereof) with or without notice. You agree that RankQuest shall not be liable to you or to any third party for any matter related to, araising out of, or caused by the modification, suspension or discontinuance of the Beta Service for any reason.

4. Beta User Registration Obligations
In consideration of your use of the free Beta Service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Beta Registration Process; and b) maintain and promptly update your Beta Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if RankQuest has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RankQuest has the right to terminate your Beta Membership and refuse current or future use of the Beta Service.

5. User Responsibility
You are solely responsible for your use of the Site and Services. SEO DIFF works on the basis of user-posted content and that content does not represent the views, opinions or beliefs of SEO DIFF, and SEO DIFF makes no claim of accuracy of any user-posted material. SEO DIFF allows for the tracking of third-party websites content. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with SEO DIFF. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

6. User-Posted Content
By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. We reserve the right to delete/modify any content/link that we find is in violation of our poilicies.

7. Personal Information and Privacy
Personal information you provide to RankQuest through the Service is governed by RankQuest - SEO DIFF's Privacy Policy and applicable laws related to personal information. Your election to use the Beta Service indicates your acceptance of the terms of the RankQuest Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify RankQuest immediately of any unauthorized account use at support@rankquest.com. RankQuest is in no way responsible for any loss or damages to you or to any third party incurred as a result of any unauthorized access and/or use of your Beta Member Account, or otherwise.

8. Fees and Payments
    RankQuest reserves the right at any time to charge fees for access to portions of the Beta Service or the Beta Service as a whole. However, in no event will you be charged for access to the Beta Service unless we obtain your prior agreement to pay such charges. Thus, if at any time RankQuest requires a fee for the Beta Service, RankQuest will give you reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by RankQuest, RankQuest shall have the right to cease providing the Beta Service to you. Further, RankQuest reserves the right to send electronic mail to you, informing you of changes or additions to the Terms of Service. RankQuest reserves the right to disclose information about usage of the Beta Service and demographics, but your personal identity will not be revealed.

9. Trademark
RankQuest, RankQuest logo, SEO DIFF, SEO DIFF logo are trademarks of RankQuest. All rights are reserved to RankQuest. You agree not to display or use, in any manner, the RankQuest trademarks, without RankQuest' s prior permission.

10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE BETA SERVICE IS AT YOUR SOLE RISK. THE BETA SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RankQuest EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RankQuest MAKES NO WARRANTY THAT THE BETA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR BETA SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE BETA SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE BETA SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM RankQuest, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RANKQUEST BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE BETA SERVICE, THE USE OF OR INABILITY TO USE THE BETA SERVICE, EVEN IF RankQuest HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RANKQUEST RELATED TO THE BETA SERVICE SHALL BE CANCELLATION OF THE BETA SERVICE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

12. Indemnification
You agree to indemnify and hold harmless RankQuest, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Beta Service in violation of another party’s rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Beta Service.

13. Termination
You agree that RankQuest may terminate your Beta Member Account and access to the Beta Service for any reason. Cause for such termination may include but not be limited to breaches or violations of these Terms of Service or the RankQuest Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Beta Service, unexpected technical issues or problems, extended periods of inactivity, and requests by law enforcement or other government agencies. Termination of your RankQuest Beta Account includes elimination of access to the Beta Service, deletion of your account information such as your e-mail ID and Password, and deletion of data in your Beta Member Account as permitted or required by law. If you have any questions or concerns regarding this agreement, please contact us at support@rankquest.com