Terms & Conditions

Last Updated: Thu, Dec 12 / 3:26 PM ET

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AVAILABLE THROUGH THE SITE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Introduction

Welcome! These Terms of Use (“Terms”) govern the website www.toprank.com (including both mobile and online versions), including your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively, the “Site”), which are made available by Top Rank, Inc. (“Top Rank”, “we” “our” or “us”). By using the Site, you acknowledge and accept the Site’s Privacy Policy (www.toprank.com/privacy) and consent to the collection and use of your data in accordance with the Privacy Policy (www.toprank.com/privacy).

If You Want to Use the Site

Then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.

The business realities associated with operating the Site are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Site available to you.

By accessing and/or using the Site, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Site from time to time may be governed by different terms of use as noted on the Site.


Linkable Table of Contents

It is important that you read and understand these entire Terms before using the Site. To ease review, each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation. Any capitalized terms have the meanings given to them where defined in the Terms.

1. Site Content, Ownership, Limited License and Rights of Others
We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations. More

2. Site and Content Use Restrictions
Your use of our Site is subject to various restrictions designed to protect the Site and our users. We may change or discontinue our Site in whole or in part. More

3. Content You Submit and Community Usage Rules
You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Site is subject to community usage rules and we have the right to manage our Site to keep its content appropriate. More

4. Procedure For Alleging Copyright Infringement
Users may not post content they do not own or control, and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section. More

5. Procedure For Alleging Infringement of Other Intellectual Property
You can also give notice of trademark and other infringements that you think occur on the Site. More

6. Notices and Questions
You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Site, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided. More

7. Links by You to the Site
You may link to our Site, subject to some basic rules. More

8. Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services. We may make advertisements and third-party content or services available to you on or via our Site, which we do not control. Use caution when dealing with third parties. More

9. Wireless Features
Wireless carrier charges may apply to use of the Site via wireless networks or Devices. More

10. Dispute Resolution
You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year. More

11. Disclaimer of Representations and Warranties
We disclaim warranties to the extent permitted by applicable law, and provide the Site “As Is”. More

12. Limitations of our Liability
Our liability is greatly limited. More

13. Waiver of Injunctive or Other Equitable Relief
You waive equitable or injunctive relief. More

14. Updates to Terms
These Terms and Additional Terms posted on the Site at each time of use apply to that use, and the Terms may be prospectively updated as our Site evolves. Posting of new Terms on the Site is notice to you thereof. More

15. General Provisions
You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) your indemnity of us; (c) accessing the Site from outside of the United States; (d) enforcement and interpretation of these Terms; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; and (i) your responsibility for your connectivity and access.


Linkable Table of Contents

1. Site Content, Ownership, Limited License and Rights of Others

A. Content. The Site contains a variety of: (i) materials and other items relating to Top Rank, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Top Rank (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

B. Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Top Rank, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Top Rank or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Top Rank owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.

C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Top Rank grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Top Rank’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

D. Rights of Others. When using the Site, you must respect the intellectual property and other rights of Top Rank and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 4 below.

2. Site and Content Use Restrictions

A. Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Top Rank; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Top Rank, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.