Terms and Conditions
These Terms and Conditions (“Terms”) are a binding agreement between rankingCoach, Inc., a Delaware corporation (“rankingCoach”, “we”, “us”, or “our”) and (i) the natural person accessing our website, with respect to such person’s access to and use of the publically accessible portions of the website www.rankingcoach.com/en-us (the “Site”), and (ii) the natural person or entity registering for the rankingCoach services made available through the Site (the “Services”), with respect to such access to and use of the Services (“you”).
1. Acceptance and Modification of Terms
- 1.1. By accessing the Site or registering for the Services, you agree to be bound by the Terms. If you do not agree to these Terms, do not access the Site or register for the Services.
- 1.2. rankingCoach reserves the right to modify these Terms at any time, after providing notice to you. Any modified Terms will become effective upon posting to the Site, along with the date on which the Terms were most recently modified as indicated by the “Last Updated” date. Your continued use of the Site or Services after any such modifications constitute your acceptance of the Terms as modified. Our electronically or otherwise properly stored copies of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of these Terms which was in force on each respective date you visited the Site.
- The Site is provided for informational purposes only, and the Services are provided for the purpose set forth in the services descriptions on the Services registration page. The Services are intended for use by commercial clients and not for personal, family or household use.
3. Term and Cancellation
- 3.1. If you are browsing the publically accessible version of our Site, the term of these Terms commences upon your first visit to the Site, and continues for the longer of the duration of your visit on the Site, or your use of or access to any of the materials or content of this Site.
- 3.2 If you are registering for the Services, the term of these Terms commences upon your registration for the Services, and continues for the duration of Services period displayed during your registration, and shall be automatically renewed for subsequent periods indicated during your registration, unless canceled earlier as provided in Sections 3.3 and 3.4 below.
- 3.3 You can cancel the Services at any time by giving us at least seven (7) days' notice prior to the end of the then-current contract period.
- 3.4 You can cancel the Services within the Services platform by following the steps explained here: https://help.rankingcoach.com/en/articles/3068373-how-do-i-cancel-my-subscription, or by e-mailing us at firstname.lastname@example.org.
- 3.5 We reserve the right to terminate your access to the Site or Services at any time in our sole discretion, as set forth in these Terms.
4. License Grant
- Subject to your compliance with these Terms, rankingCoach hereby grants you a personal, non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Services for the term set forth in Section 3 above.
5. Ownership and Intellectual Property Rights
- 5.1. The Site, including all data and content thereon, the Services, and all rankingCoach software, systems, technology, and know-how (“rankingCoach Technology”), including the design, structure, and arrangement of the Site and the Services, are owned by or licensed to rankingCoach and are protected by copyright, trademark, trade dress, patent, or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Services are owned by or licensed to rankingCoach (collectively, the “Marks”).
- 5.2. You agree that rankingCoach and its licensors own and retain all right, title and interest, including all intellectual property rights, in and to the Marks and rankingCoach Technology (collectively, the “rankingCoach Intellectual Property”), and that no interest therein is transferred to you, other than as expressly provided therein.
- 5.3. You may not, and may not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to rankingCoach Intellectual Property. We reserve all rights not expressly granted to you in these Terms.
6. Free Trial
- 6.1. You may receive a free trial version of the Services for seven (7) days upon your first registration and login to the Services. Please check here to determine whether the version of the Services that you are selecting at the time of your registration qualifies for a free trial.
- 6.2. There is no free trial version for Agency and Enterprise Versions of the product.
- 6.3. If you do not cancel this trial version by following the steps for cancellation described in Section 3.4 above, you agree to the payment terms set forth on the registration page for the Services. We will bill the payment method you selected upon registration for the Services for the amount indicated on our registration page.
- 7.1. The payment for the Services is based on the term and payment period you select on the registration page for the Services.
- 7.2. The fees indicated on the Site are net prices plus applicable tax.
- 7.3. The fee for the use of the Services is due at the beginning of the agreed contract period stated on the invoice that we will provide to you.
- 7.4. rankingCoach will send the first invoice by e-mail to the e-mail address you provided during registration. Subsequent invoices are stored in your profile on the Site.
- 7.5. You agree to pay us for the Services in the amount, for the frequency, and through the method of payment you select at the time of your registration for the Service.
- 7.6. Payment for Services is due at the beginning of each Services period.
- 7.7. If we are unable to process your payment to us using method of payment you provide to us at the time of registration, we may terminate your access to the Services. We reserve the right to transfer the outstanding receivables to an external debt collector.
- 7.8. You hereby authorize us and our agents to debit or credit, as applicable, the method of payment for our fees and third party fees, including but not limited to GoogleAds, in accordance with our agreement in these Terms and the Services you select.
8. Purchase of Google Ads
- 8.1. Your account within the Services allows you to place and pay for Google Ads.
- 8.2. For the payment of Google Ads, you have a separately managed prepaid credit with an automatic top-up in the amount of the set monthly budget. Your personal profile will contain additional details regarding the minimum required amount of the monthly budget. Please review this information before purchasing Google Ads through the Services. If you purchase Google Ads through the Service, you agree to comply with the monthly minimum budget requirements in the amounts and on the terms set forth in your personal profile.
- 8.3. rankingCoach may charge a percentage administration fee on the Google Ads budget. The amount of the administration fee will be shown to you in advance at the time of booking and in the reporting section of the platform. By placing Google Ads through the Services you agree to pay our administration fee.
- 8.4. If a Google Ads credit remains on your profile at the time of the cancellation of the Services, you may request payment from rankingCoach, but such claim is effective only if requested to our email (email@example.com) within ninety (90) calendar days of such cancelation.
9. Your obligations
- 9.1. You shall maintain accurate account information on the Site, including, without limitation, address, telephone number, e-mail address, and payment card information.
- 9.2. You shall ensure that all of your login credentials remain confidential, and immediately notify rankingCoach upon discovery that an unauthorized party has gained access to your login credentials or account.
- 9.3. You are solely responsible for all activity that occurs under your account or log-in, and all payments authorized through your account or log-in.
- 9.4. You shall ensure that you are accessing the Site and Services using latest version of the browsers Mozilla Firefox, Google Chrome, Apple Safari, or Microsoft Edge. The Site or Services may not be accessible using older versions of browsers or other browsers.
10. Restrictions on Use
- 10.1. You shall not, and shall ensure that no third party:
- use rankingCoach Intellectual Property for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity, or for any purpose other than the express purpose set forth in these Terms;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
- submit or post any false or misleading information;
- violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of rankingCoach, its licensors, or any other person or entity related to the Site or Service;
- create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or contract;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- violate any applicable local, state, national or international law; or
- use any robot, spider, scraper, or other automated or manual means to access the site or the Services, or copy any content or information thereon.
- 10.2. We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Services, users, us, our brand, or any other person or entity, or that violates these Terms or applicable law.
- 10.3. Any unauthorized use of the Site or Service automatically terminates the license granted to you hereunder.
- 11.2. You hereby grant rankingCoach an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, remove from the Site, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or any other third party. You represent and warrant that: (a) you have the right to submit the Submission to rankingCoach and grant the licenses set forth above; (b) rankingCoach will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and all applicable laws and regulations.
13. Representations and Warranties
- 13.1. You represent and warrant to us that any information, materials, software, or data that you submit to or through the System is (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
- 13.2. You represent and warrant to us that you will comply with all legal requirements applicable to your use of the Site and Services.
14. Disclaimer of Warranties
- 14.1. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- 14.2. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, RANKINGCOACH DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE. RANKINGCOACH SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
- 14.3. RANKINGCOACH MAY DISCONTINUE ANY ASPECT OF THE SITE, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, RANKINGCOACH DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE, MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
15. Limitation of Liability
- 15.1. IN NO EVENT SHALL RANKINGCOACH, ITS AFFILIATES, AND ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF RANKINGCOACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 15.2. IN NO EVENT SHALL RANKINGCOACH’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR SERVICES OR THESE TERMS, EXCEED ONE HUNDRED DOLLARS USD ($100 USD).
- 15.3. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- You agree to defend, indemnify, and hold harmless rankingCoach, its affiliates, and its licensors, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms or violation of applicable law.
17. Electronic Communications
- When you visit or use the Site or Services, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.
18. Governing Law/Jurisdiction/Claim Limitation
- These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. All disputes arising out of or related to your use of the Site and Services shall be resolved in the state or federal courts located in San Francisco, California, and you consent to the jurisdiction of such courts.
19. General provisions
- 19.1. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect.
- 19.2 rankingCoach’s failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by rankingCoach will be deemed effective unless expressly set forth in writing and signed by our duly authorized representative.
- 19.3. rankingCoach shall not be liable for any delays or failure in performance of any part of the Site or Services for any cause beyond rankingCoach’s reasonable control.
- 19.4. These Terms, along with the ordering documents contained on the Site, constitute the entire agreement between rankingCoach and you with respect to your use of the Site and the Services and supersede all previous written or oral agreements relating to the subject matter hereof. A modification of these Terms is only effective if set forth in an express written agreement signed by our and your duly authorized representative.
- If you have any questions or concerns about the Site or Services please contact us at firstname.lastname@example.org.