Wordtracker Terms and Conditions

Please read these terms and conditions carefully, they contain important information about your rights and obligations in downloading and using our services from www.wordtracker.com ("our website"). These terms and conditions govern the supply of keywords that bear a relation to your business or service (the "Service") by Rivergold Associates Limited (Reg No: 03784266) with registered address of Euro House, 1394 High Road, Whetsone, London, N20 9YZ ("Wordtracker", "we" or "us") to you.

By downloading the plugin you confirm that you have read and understand the terms and conditions and agree to be legally bound by these terms and conditions as they are amended and posted on our website from time to time.

1. Nature of our website

1.1 Our website is a place for you to select and download the Service.

1.2 You must be over eighteen (18) years of age to use the Service.

2. Accessing the service

2.1 Wordtracker hereby grants you a non-exclusive, non-transferable, royalty-free licence to use the Service on your own computer subject to these terms and conditions. You are only permitted to use the Service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools.

2.2 Wordtracker reserves the right to limit the number of searches you may make on the Service (the "Usage Limit"). The Usage Limit will be set at Wordtracker's sole discretion and may change from time to time.

2.3 You may not de-compile, reverse engineer, alter, modify, adapt or translate the Service. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Service nor use the Service in any manner that could damage, disable or impair Wordtracker's website. You will not use the Service for any unlawful means or in any unlawful manner. You agree to indemnify Wordtracker in respect of any loss that we may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

3. Disclaimer of warranty

3.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. WORDTRACKER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE SERVICE OR ANY RESULTS OBTAINED THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

3.2 YOU UNDERSTAND AND AGREE THAT ALL MATERIAL OR SERVICE ACCESSED OR DOWNLOADED IN CONJUNCTION WITH OR THROUGH THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER AND/OR NETWORK OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES AND THIRD PARTY SOFTWARE.

4. Liability

4.1 We cannot guarantee that the information provided through our Service and on our website will be accurate, complete or current at all times and accept no liability for any reliance placed by you or any person on the information.

4.2 We accept no liability for any direct, indirect or consequential loss or damages or for any loss of data, profit, anticipated savings, revenue or business (whether direct or indirect), howsoever caused, even if foreseeable incurred or suffered through use of the Service or results obtained therefrom.

4.3 We do not accept liability (except where we have been negligent) where you suffer loss or damage as a result of the viewing, use or access of, or inability to use or access, or performance of the Service or our website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of Wordtracker, its servants, agents or any other person.

4.4 Notwithstanding anything in these terms and conditions, we do not exclude or limit our liability for death or personal injury caused by our negligence.

4.5 We make no warranties, express or implied, that making the Service(s) available in any jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Service(s) or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Service(s) are not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the Service(s). We accept no liability for any costs, losses or damages resulting from or related to the use or attempted use of the Service(s) by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

4.6 Information that is contained in our keyword reports may be provided to us by third party search engines ("the Engines") which are not controlled by us. We make no warranty in respect of the availability, accuracy or otherwise of such information from the Engines, and we are not liable for any loss, delay, inconvenience or damage you may suffer as a result of such information not being made available to us by the Engines for any reason.

4.7 The limitations and exclusions in these Clauses only apply to the extent permitted by law.

5. Force majeure

We accept no liability for any failure or delay in supply or delivery or for any damage or defect to Service(s) supplied or delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

6. Copyright and trade marks

6.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Rivergold Associates Limited or its licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

6.2 You may download material from our website for the sole purpose of using the Service. However you may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means and in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written approval, except where expressly invited to do so, for example in order to complete any test or questionnaire.

7. Linked sites

We make no representations whatsoever about any other websites which you may access through our website. When you access any other website you understand that it is independent from Wordtracker and that we have no control over the content or the availability of the website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such website and we will not be liable for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any other website.

8. Advertisements

This website may contain advertisements. We are not responsible for and do not endorse the content of such advertisements, and we do not accept any responsibility for any errors or inaccuracies in such advertising material.

9. Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can not accept liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our computer system, server, website, router or any other internet connected device.

10. Changes

10.1 We reserve the right to alter, suspend or discontinue any aspect of our website or the Services available through it, including your access to it, without notice to you. Unless explicitly stated any new features, including new content and Services shall be subject to these terms and conditions.

10.2 If any modification of the Service is unacceptable to you, your only recourse is to terminate the relevant Agreement. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

11. Termination

11.1 You may terminate any agreement which is subject to these conditions (an "Agreement") by ceasing to use the Service.

11.2 We reserve the right to terminate any Agreement or discontinue the Service or any portion or any feature of it for any reason at our sole discretion.

11.3 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).

11.4 Upon termination of any Agreement all rights and obligations of Wordtracker and you under the Agreement will be extinguished.

12. Law and jurisdiction

12.1 Use of our website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.

12.2 We may assign, novate or sub-contract any or all of our rights or obligations under these terms and conditions at any time.

12.3 You acknowledge that you have not entered into this Agreement upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than fraudulent misrepresentation) that is not contained in these terms and conditions.

12.4 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.

12.5 In the event that any provision in these terms and conditions is determined to be invalid or unenforceable under applicable law, such provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original unenforceable provision, and the remaining provisions shall continue to be enforceable to the fullest extent permitted by law.

13. Notices

13.1 Notices shall be given to us via email at support@wordtracker.com or to you at either the email or postal address you may have provided to us.

13.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.

14. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any login details that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

15. Information you provide

15.1 You authorise us to use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your postal address, e-mail address, telephone number and your credit or debit card number and expiry date or bank account details to the extent reasonably necessary to provide the Service(s) that are available through our website to you by us or our sub-contractors.

15.2 If you download Service(s) through our website then we may collect information about you and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together the various purposes set out in this clause and Wordtracker's Privacy Policy, will be known as "the Purposes") and all such information collected by us shall be referred to as "Personal Information".

15.3 You must ensure that the Personal Information that you provide is accurate and complete and that any registration details submitted contain your correct name, address and other requested details.

15.4 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.