1. ACCESS TO SERVICE.
PosiRank grants you (the "user") a personal use license, which is not transferable to any other party, to use the private member's area ("dashboard") provided to you on registration and subsequent approval & activation, so that you can schedule SEO-related work orders ("services") through the PosiRank dashboard.
While anyone can create a PosiRank user account, only active users (who have undergone approval & activation) can actually order services, or access certain other areas / features of the dashboard, including PosiRank's strategy room and keyword tracking services.
2. PAYMENT FOR SERVICES.
2.1 PosiRank uses an internal currency ("credits"), where the actual cost per credit for regular accounts is 1 credit for $1 USD, as detailed on our pricing page. All services ordered through the PosiRank dashboard are paid for with such credits, which are initially purchased by you, when you make a deposit. (with the exception of our PPC products which require a separate recurring payment)
Deposits, which purchase credits, are a non refundable advance payment for services, which you will then order from the PosiRank dashboard, or schedule to be ordered. You can purchase additional credits at any time.
2.2 CREDIT EXPIRATION and INACTIVE ACCOUNTS: Credits purchased through PosiRank never expire. Except under one condition. If you have a credit balance, AND your account has had no activity for a period of 9 months or longer, with no activity being defined as an account that has not had any credit purchases nor any product orders for a period of 9 months or more, those credits expire after 9 months of account inactivity. The account is considered an abandoned account if those conditions are met.
The following actions are absolutely forbidden within PosiRank, and will result in immediate task cancellation, and may result in immediate account termination and a forfeiture of all unused credits, a lifetime ban from PosiRank, and possibly even legal action:
Using the PosiRank dashboard to promote: illegal content, products, services or items; child pornography; hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organization, product or service; cruelty towards animals; pornographic content; prescription drugs; or otherwise content found to be objectionable, as deemed solely by PosiRank.
If you are unsure if your site violates our restrictions, please contact us FIRST.
Using software or other means to extract any data or information about PosiRank's other users, or otherwise attempting to disrupt the service.
Attempting to create campaigns that have the intention of negatively affecting a website's position in the major search engine results pages ("negative SEO"), as deemed solely by PosiRank.
4. LEGAL MARKETING ISSUES.
PosiRank is intended to assist the process of ethical website promotion by providing quality services. However, since laws vary from region to region, it is impossible for PosiRank to warrant that this process will comply with the local marketing and legal regulations where you reside - specifically in terms of what you are promoting, and the content used to create your site and your promotions. (For example, most countries tightly govern any marketing material connected with financial services, investments, and so on). Therefore it is entirely your responsibility to conduct due diligence to ensure that the sites you are creating comply with all applicable laws in your country, province or state.
PosiRank hereby disclaims all representations, claims and warranties regarding the legality of using the service or some/all of its features with respect to internet laws & marketing regulations where you reside.
The user (you) accepts comprehensive responsibility for the usage of PosiRank and the sites you promote with our services. it is the user's sole responsibility to ensure the legality of their publishing & marketing activities.
The user (you) agrees to allow Posirank to create a case study (or multiple case studies) based on results from your campaigns, with the provision that Posirank will NOT use any identifying information about your business or website, unless explicit consent to provide identifying information has been provided by the user (you).
5. ABUSE AND MISUSE.
If PosiRank suspects that our service is being used for illegal purposes or spamming, we will contact any pertinent law enforcement agencies (as appropriate) and will provide them with any user/client information needed for the aforementioned party to conduct an official investigation. You consent to the provision of this information for any such event. You further agree to fully cooperate and, if necessary, provide assistance with all internal monitoring and investigations of our client base and the operations of our website.
6. DISCLAIMER OF WARRANTIES.
Several of the supplied functions of PosiRank use third-party data (or a custom variation thereof) and/or rely on third-party services, where PosiRank has no control over the ongoing performance, accuracy or usability of these features or services. (For example, our keyword-tracking reports available in the Reporting area of the dashboard.)
PosiRank hereby disclaims all representations, claims and warranties regarding the performance of the application/site and the accuracy, currency, or completeness of the information, including (without limitation) all warranties of merchantability or suitability for any given purpose.
Furthermore, under no circumstances shall PosiRank be liable to you (the end user) for any damages whatsoever, including (without limitation) any direct, special, incidental, exemplary or consequential damages, lost profits, or any other claims of yours or third parties, even if we have been advised of the possibility of such damages.
You, the end user, assume all risks and potential damages (known or unknown) associated with using PosiRank in every capacity.
7. ENDING THE SERVICE:
7.1 TERMINATION. PosiRank may cancel any member account at any time and restrict access (upon canceling the payment contract as well), without notice or stated reason. Obviously, this will generally only occur in cases of member abuse in accordance with our restrictions policy, but we do still reserve the right to terminate any user account without notice, for any reason we deem suitable. In the case of abuse or violations of this user agreement, any remaining credit balance will also be forfeited.
7.2 CANCELLATION. Members can cancel their account at any time by contacting PosiRank via the support desk and requesting cancellation. However, before requesting cancellation, users should be sure to spend their remaining credit balances, as cancelling an account also forfeits any remaining balance - and cancelled accounts are NOT able to be reactivated. If users wish to simply become inactive, and essentially pause an account - it makes more sense to simply spend out remaining credits, and let the account become locked when the next month rolls over.
7.3 REFUNDS. Credit purchases are bought with the understanding that they are a non refundable purchase. Generally, we DO NOT offer or provide refunds, since we state clearly across our website and on the order form that all credit purchases/deposits are non refundable. Therefore, the only exceptions where we will process refunds are:
In the case of unauthorized or fraudulent access to your PayPal account or credit card, given adequate proof or evidence, as deemed adequate solely by PosiRank and where our staff has not yet started to work on it. You may also need to contact your payment account / credit card company as well, to ensure that your account is secure. Please note that we reserve the right to submit your claim to the relevant authorities if we are suspicious about the validity of your claim.
*Other similar scenarios, on a case by case (discretionary) basis and within reason. Our goal is to earn your long-term business, and we realize that sometimes, things go awry. So in legitimate cases and where we deem reasonable, existing credit balance refunds can be processed on request, and at the sole discretion of PosiRank.
Please note that in the case of discretionary refunds that are not the result of unauthorized/fraudulent deposits, there will be a 25% administration fee applied to the amount refunded.
No refunds of any kind will be considered for any customer if the most recent credit purchase occurred 60 days or more, prior to the refund request.
You agree that you shall indemnify and hold harmless PosiRank, its directors, affiliates, employees and agents against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of any such nature or kind arising out of your use of our site or our service.
We reserve the right to amend, add to or otherwise edit this Terms of Service agreement at any time, without notice.
Furthermore, these restricted practices are specific only to the PosiRank user license. There are many other restricted practices from a legal standpoint (such as proper disclosures, FTC regulations, etc.), which are your sole responsibility to research and apply according to your business location, where your business conducts transactions, and many other applicable factors.
By ordering our service, you agree to the above Terms of Service. You also verify that you have read, and comprehensively understand our Disclaimer.