These Terms and Conditions (hereinafter, referred to as “the Terms”) for the Website http://proranktracker.com/ (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you” or “your”) of the Website and Pro Rank Tracker having a mailing address at P.O Box 22602, Tel Aviv 61226, Israel (hereinafter, referred to as “we”, “us”, “our”, “Company”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in case that you agree to the Terms.
1.1 The Company offers through the Website services related to tracking of search engine results pages (hereinafter, referred to as the “Services”). The Services allow users to track their ranks on various search engines.
1.2 The Website can be used by the following categories of users: (1) small, medium, and large SEO companies; (2) freelancers; (3) owners of many websites; (4) internet marketers; (5) affiliate marketers; (6) video marketers in Youtube; (7) and anyone willing to track the search engine results pages of one or more websites in a detailed and accurate way.
1.3 The Website can be accessed from any location.
2.1 The purpose of the Services is a long-term tracking of URLs/Terms. Hence, you can use the Services to track your URLs/Terms in the long term, but you are not allowed to constantly change the tracked URLs/Terms. Pro Rank Tracker understands that you may need to change the tracked URLs/Terms from time to time. Therefore, Pro Rank Tracker allows you to change the tracked URLs/Terms up to six times the subscription plan’s limit within each successive time period of 30 days. Once the user exceeds the limit, he/she will not be able to make any changes until the expiration of the time period of 30 days in which the limit was reached. In addition to the aforementioned limit, a limit (not time limited) of five URLs replacements applies to the users of the Free Package. After the limit of five URLs replacements is reached, the users of the Free Package would not be able to track new URLs.
2.2 The Services are provided in different packages, namely, (1) Free Package, (2) Bronze Package, (3) Silver Package, (4) Gold Package, (5) Enterprise Packages.
2.3 The Free Package is provided for free. A subscription fee (hereinafter, referred to as “Subscription Fee”) is charged by the Company for any other packages. The Subscription Fee depends on how many search terms the user would like to track. One search term refers to one search term tracked for one uniform resource locator (URL) on one search engine. For more information on the Subscription Fee for all packages, please visit http://proranktracker.com/plans .
2.4 An individual is entitled to use only one Free Package. A legal entity is entitled to use only one Free Package. The Free Package provided for personal use only. The Company reserves the right to delete multiple accounts registered by an individual or a legal entity with the aim of using more than one Free Packages.
2.5 At present, the Company offers four types of Enterprise Packages with API access, namely, (1) Enterprise-6500T, (2) Enterprise-15KT, (3) Enterprise-30KT and (4) Enterprise-100KT. Enterprise packages are created for advanced users who need to track a large amount of terms and/or need access to an application programming interface (API).
2.6 The Enterprise API Packages are for personal use and do not give you any right to market, sell, or otherwise provide third parties with Services which are (1) bundled with other rank tracking services or (2) bundled with other services or products. If you are not sure whether or not you will comply with this Section 2.6, please contact us.
2.7 As part of the Services, the Company can send reports and notifications to you. At your request, the Company can send reports and notifications to your clients. By requesting us to send reports and notifications to your clients, you declare that your clients have consented to receiving such reports and notifications. The Company reserves the right to terminate these Terms if you do not comply with your obligations under this Section 2.7.
2.8 We allow you to set up and manage sub-accounts allowing multiple users to access your main account (hereinafter, referred to as the “Sub-Accounts”). The maximum number of Sub-Accounts depends on your Package. The purpose of the Sub-Accounts is to allow your partners, employees, agents, affiliates, and other related individuals to access the Services. You are not allowed to use the Sub-Accounts for reselling the Services. Any violation of this Section 2.8 is a ground for an immediate suspension of your account and your Sub-Accounts.
3.1 You are solely responsible for any activities that you do in connection with the Website. You are entirely responsible for maintaining the confidentiality of the passwords which are used to access the Website. You are not allowed to use another user’s account without the permission of that user. If you believe your account has been used by an unauthorized third party, please inform the Company immediately.
3.2 You are not allowed to upload on the Website any materials for which you have not been licensed to use and publish.
4.1 The Website contains materials that are owned by the Company (hereinafter, referred to as “Company’s Content”). Such materials include, but are not limited to, trademarks, text, photos, and source code. The Company’s Content is intellectual property of the Company. The Company’s Content is protected by the applicable national and international intellectual property laws.
4.2 The trademark “PRO RANK TRACKER” (hereinafter, referred to as the “Trademark”) is registered with the U.S. Patent and Trademark Office. The registration number of the Trademark is 4,594,723. The Trademark is owned by the Company. Any use of the Trademark which is not specifically authorized is forbidden.
5.1 The users of the Website can make payments by using PayPal or by credit cards via 2CheckOut.
5.2 If you cancel the Services before the end of your current paid up subscription, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle. We do not provide prorate refunds or credits for cancellation of the Services.
5.3 If you downgrade your subscription plan before the end of your current paid up subscription, your downgrade will take effect immediately. But there will not be any prorating of unused time in the last billing cycle. We do not provide prorate refunds or credits for downgrading your subscription plan.
6.1 Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
7.1 Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Company’s Content to third parties.
8.1 All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
9.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; and (iii) your use of the Website will comply with all applicable laws.
10.1 The Company follows widely accepted industry standards and maintains reasonable safeguards with the aim to ensure the privacy, security, and integrity of the information in our possession.
10.3 The Company will not use any personal or non-personal information collected by you through the Website to send offers of services or products to your clients.
11.1 You will receive a commission amounting to 20% of any fee paid through an account registered on the Website by using affiliate links provided to you by the Company (hereinafter, individually and collectively referred to as “Commission Fee(s)”).
11.2 Each Commission Fee(s) becomes payable after the expiration of a time period of 45 days commencing on the day of the payment of the fee which gives rise to that Commission Fee(s).
11.3 The minimum withdrawal amount of Commission Fee(s) is USD 100.
11.4 If you have generated payable Commission Fee(s) which are equal or exceeding the aforementioned minimum withdrawal amount of USD 100, you can withdraw your Commission Fee(s). In order to do so, you need to send an invoice to the Company.
11.5 Any Commission Fee(s) withdrawn by you will be, at your preference, (i) either transferred to your PayPal account or (ii) added as a credit to your Pro Rank Tracker’s account. The Company is not responsible for incorrect payments made to a PayPal account due to your provision of an incorrect or invalid email address.
11.6 You are not entitled to receive any Commission Fee(s) for customers referred through Pay per click (PPC) advertising using keywords which are identical or similar to Company’s brand (e.g., ProRankTracker, Pro Rank Tracker, and Pro Rank Tracker Coupon).
11.7 The Company reserves the right to withhold Commission Fee(s) which, in Company’s sole discretion, are potentially fraudulent and/or violate these Terms.
11.8 To the extent not prohibited by law, you are responsible for the payment of all taxes related to the Commission Fee(s) you receive under these Terms.
12.1. We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
12.2. We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
12.3 We will use reasonable efforts to track the rankings of your websites accurately. However, you acknowledge that the accuracy of the Services may be prevented by certain factors outside our reasonable control including, without limitation, temporary technical issues related to the Website or changes in the tracked search engines. Therefore, we do not accept any responsibility for the accuracy of our Services for factors that are outside of our reasonable control.
13.1 THE COMPANY IS LICENSING THE WEBSITE AND PROVIDING THE SERVICES ON “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE AND THE SERVICES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE SERVICES. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND THE SERVICES, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.1 To the extent not prohibited by law, you agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website and the Services.
16.1 These Terms are effective until terminated.
16.2 The Company may terminate the Terms at any time at its sole discretion with or without notice to you. If the Company terminates the Terms at its sole discretion, the Company will provide you with a pro rata refund for the remaining days in the month for which you have paid Subscription Fee.
16.3 Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
16.4 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website and the Services.
17.1 The Terms shall be governed by the laws of Israel. You irrevocably consent to the exclusive jurisdiction and venue of the courts of Israel for all disputes arising out of or relating to these Terms.
18.1 The Company reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website or the Services following the posting of changes to the Terms, you declare that you accept those changes.
19.1 These Terms have been last amended on 21st of November 2016.