Website
User Agreement
1. The following User Agreement ("Agreement") governs the
use of this website ("Site"), including, but not limited
to, use of its content, participation in its bulletin
boards, forums and all other areas as provided by Rising
Commerce, LLC ("LearnKeywordResearch.com," "Company," "we,"
or "our").
Please read this Agreement carefully. You can
access this Agreement any time at
http://www.learnkeywordresearch.com/Terms-of-Use.html. By
visiting our Site, you affirm that you have read,
understand, and agree to be bound by the terms of this
Agreement. If you do not agree to be legally bound under
agreement by the terms and conditions of this Agreement, do
not use or access our Site.
2. Intellectual Property & Interference
The content on this Site is © 2009 and displayed under
license.
All rights reserved worldwide.
No information on this Site may be copied or distributed
in print or digital form without LearnKeywordResearch.com's
express written permission.
You agree that you will not use any robot, spider,
scraper or other automated means to reverse engineer any
data or software provided by the Site or to access the Site
for any purpose without our prior, express written
permission.
Additionally, you agree that you will not: i)take any
action that imposes or may impose (in our sole discretion)
an unreasonable or disproportionately large load on our
infrastructure; ii) copy, reproduce, modify, create
derivative works from, distribute, or publicly display any
content (except for your information) from the Site without
the prior express written permission of
LearnKeywordResearch.com and appropriate third parties, as
applicable; iii)interfere or attempt to interfere with the
proper working of the Site or any related activities; or
iv)bypass or attempt to bypass any measures we may use to
prevent or restrict access to the Site.
3. Consent to Solicitation & Marketing
Submitting data through any form on this Site constitutes
your express written permission for
LearnKeywordResearch.com, its affiliates and assigns to
contact you by, but not limited to, phone, fax, email, and
direct mail. Please be advised that by submitting your
contact information on this Site you have expressly agreed
to be contacted via telephone by LearnKeywordResearch.com,
regardless of whether you are listed on the National Do Not
Call Registry.
4. Data Entered on Site
By entering data on this Site, including but not limited
to, personal stories, comments and earnings representations,
you expressly agree to allow LearnKeywordResearch.com, its
affiliates and assigns to use the data for any purpose
including for republishing in marketing and promotional
materials.
5. Change Control
LearnKeywordResearch.com reserves the right to change any
of the terms and conditions contained in this Agreement or
any policies or guidelines governing the Site, at any time
and in its sole and independent discretion. Any changes
will be effective upon the posting of the revisions on the
Site. You are responsible for reviewing any applicable
changes. Changes to referenced policies and guidelines may
be posted without notice to you. Your continued use of this
Site the posting of any changes will constitute your
acceptance of such changes or modifications. If you do not
agree to any changes to this Agreement, do not continue to
use this Site.
6. Terms of Sale
Prices and offers are subject to change without notice.
All shipping & handling charges are non-refundable.
Customers are responsible for all sales tax, tariffs, duties
and fees. All monthly service charges are automatically
charged/debited after expiration of any free trial periods,
if applicable. The first charge will be for the 30 day
period immediately following the free trial period and will
be billed on the same day each month until cancelled. There
will be no partial or prorated refunds. Monthly charges will
automatically renew each month. To cancel any monthly
product, the customer must deliver a written notice (via
mail or email, return receipt requested) at least 10
calendar days before the monthly charge is scheduled to be
charged/debited.
7. Restricted Activities
You agree that you will not use any robot, spider,
scraper or other automated means to collect any information
provided on the Site for any purpose, including marketing
products or services to other users of the Site, without our
prior, express written permission. You are expected to
treat all visitors to this Site with respect and we reserve
the right to monitor and edit any content you provide or
post on this Site without your permission. We also reserve
the right to ban your use of the Site at any time, in our
sole discretion.
8. Breach and Remedies
Without limiting other remedies, we may limit your
activity, issue a warning, temporarily suspend, indefinitely
suspend or terminate your access to the Site if, within our
sole discretion: (a) you breach, or we anticipate that you
are about to breach, this Agreement or the documents it
incorporates by reference; (b) we are unable to verify or
authenticate any information you provide to us; or (c) we
believe that your actions may cause financial loss or legal
liability for you, our users or us. We can also terminate
this Agreement at any time, with or without cause.
9. Indemnity
You agree to at all times during and after the term of
this Agreement be responsible for, and shall defend,
indemnify, and hold us and our officers, directors, agents,
employees, contractors and suppliers harmless from and
against any and all losses, claims, suits, proceedings,
expenses, recoveries, and damages, including reasonable
legal expenses and costs including attorneys' fees, due to
arising out of your breach of this Agreements or the
documents it incorporates by reference, your violation of
any law or the rights of a third party, or any claim or
demand alleging such breach or violation.
10. Dispute Resolution
The parties agree that should a dispute arise between
them they will first submit the matter to mediation. In the
event the parties cannot agree to a resolution in mediation
then they agree to submit the matter to binding Arbitration
to be held in Toms River, New Jersey. The parties shall
submit the dispute for final determination to the commercial
division of the America Arbitration Association or they may
by mutual consent agree to an alternative method of dispute
resolution.
11. Term and Termination.
The term of your subscription shall be one (1) month.
Your subscription will automatically renew in accordance
with the terms and conditions posted on this Site. In order
to cancel your subscription you must submit a cancellation
request in writing to: 19 Main Street, Toms River, NJ 08753
or by Fax to (877) 350-7411 prior to your recurring billing
date. Once we receive your termination notice, we will
contact you to verify our receipt and we will cancel your
subscription and you will not be billed further. In order
to cancel your subscription you must be current with all
payments due to us. In the event you are not current with
all payments due to us, by submitting a cancellation
request, you authorize us to charge the credit card we have
on file for the full amount due to us. Upon receipt of the
total amount due to us, we will cancel your account.
12. Severability
If and solely to the extent that any provision of this
Agreement shall be invalid or unenforceable, or shall render
this entire Agreement to be unenforceable or invalid, such
offending provision shall be of no effect and shall not
affect the validity of the remainder of this Agreement or
any of its provisions and such provision shall be restated
to reflect, as nearly as possible, the original intention of
Company in accordance with applicable law.
13. Choice of Law and Venue
This Agreement is deemed to have been entered into in the
State of New Jersey, and its interpretation, construction,
and the remedies for its enforcement or breach are to be
applied pursuant to and in accordance with the laws of the
State of New Jersey. If any action be brought by Company,
the parties mutually agree that venue shall be Toms River,
New Jersey.
14. Attorneys Fees and Costs.
In any action at law or equity that is brought to enforce
the terms of this Agreement or dispute thereof, the
prevailing party shall be entitled to an award of reasonable
attorneys fees and costs, in addition to any other equitable
relief to which that party might be entitled. This provision
shall be construed as applicable to this entire Agreement.
15. Notice
Except as explicitly stated otherwise, any notices shall
be given by postal mail to Rising Commerce, LLC, Toms River,
New Jersey 08753, (in the case of Company) or to the email
address you provide to Company during the registration
process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is
notified that the email address is invalid.