QualityRank: Terms of Use



PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIMITATION OF LIABILITYAND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR ITS SERVICES. By using the QualityRank (“QualityRank”, or “QualityRank, LLC”) web site (“Web Site”) or services, you agree to the following terms and conditions. If you do not agree to the terms of this agreement (“Agreement”), you may not use the QualityRank Web Site, or its other services. QualityRank reserves the right, at any time, to modify, alter, or update the terms and conditions, and you agree to be bound by such modifications, alterations, or updates once they are posted on the QualityRank Web Site.

Intellectual Property and Trademarks
The QualityRank Web Site, including its operation, interface and contents including but not limited to, text, graphics, logos, button icons, images, headers, illustrations, audio clips, digital, downloads, data compilations, video clips and software is the property of QualityRank or its content suppliers, are covered by United States copyright laws, including its laws on trademark and unfair competition, and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of QualityRank.

QualityRank is a trademark of QualityRank, LLC. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the QualityRank Web Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks are protected by US law and international treaties.

Legal Disclaimer
QualityRank disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. QualityRank disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using services from this Web Site. QualityRank disclaims any responsibility for, and if you subscribe to one of QualityRank’s fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by maintenance on the servers or the technology that underlies the Web Site, failures of QualityRank’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond QualityRank’s reasonable control.

Because QualityRank cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, QualityRank does not represent or warrant that the information accessible via this Web Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on this Web Site or through other services. Furthermore, due to the nature of online shopping, all information regarding such matters is subject to change without notice.

QualityRank has no control over the business practices of any third-party merchant, seller, or organization, nor does it control in any way the quality, safety or legality of any item listed on this Web Site, or any business transaction that occurs as a result of products or services listed on this Web Site.

QUALITYRANK DOES NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, QUALITYRANK DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS WEB SITE. THE WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER QUALITYRANK NOR ANY OF ITS PARTNERS MAKES ANY WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER QUALITYRANK NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, ANY CONTENT, OR ANY OF ITS SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THIS WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER QUALITYRANK NOR ITS PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF QUALITYRANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, QUALITYRANK’S LIABILITY AND THAT OF THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability
In no event shall QualityRank or its affiliates or agents be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web Site or through other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more QualityRank affiliates or agents is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the manner and cost by which QualityRank’s services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. FURTHERMORE, IN NO EVENT SHALL QUALITYRANK OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy.

No Commercial, Unlawful or Harmful Use
The QualityRank Web Site is for your personal use only. The QualityRank Web Site may be used for no purpose other than to purchase items from third-party merchants accessible via links on the Web Site. This license does not include and strictly prohibits: any use of data mining, robots, or similar data gathering and extraction tools, unless prior written consent has been granted by QualityRank.

You will not use the QualityRank site in any way that is unlawful, or harmful to QualityRank, its affiliates, resellers, service providers and/or suppliers (each known as, a "QualityRank Party" and collectively, the "QualityRank Parties"), or any customer of a QualityRank Party, as determined in QualityRank’s sole discretion. QualityRank may tell you about certain specific harmful uses, but has no obligation to do so. You may not use the QualityRank Web Site in any way that breaches any QualityRank policy or other QualityRank notice. Without limiting the generality of this section, you may not use the QualityRank Web Site in any manner that could damage, disable, overburden, or impair the QualityRank Web Site (or the network(s) connected to the QualityRank Web Site) or interfere with any other party's use and enjoyment of the QualityRank Web Site.

Indemnification
You agree to indemnify and hold QualityRank and its subsidiaries, affiliates, agents, officers, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through QualityRank, your use of the QualityRank Web Site, your connection to QualityRank, your violation of this Terms of Use Agreement, or your violation of any rights of another.

Content on QualityRank
This Web Site includes a combination of content that QualityRank creates, that partners create, and that users create. The materials of this Web Site are protected by copyrights or trademarks or those of our partners’.

Third-party sites, products, services, and information
QualityRank has no control over the business practices of any third-party merchant, seller, or organization. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

QualityRank does not represent or warrant that the information accessible via this Web Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on this Web Site or through other services.

Linking to External Sites
QualityRank provides links to the sites of affiliated companies, third-party merchants, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by QualityRank of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. QualityRank is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their sites. You should carefully review their privacy statements and other conditions of use. Dispute Resolution

If there is any dispute about or involving QualityRank, you agree that the dispute shall be governed by the laws of the State of Arizona without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Arizona, City of Phoenix. Either QualityRank or you may demand that any dispute between QualityRank and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Phoenix, Arizona.

Other Terms
This Agreement is accepted upon your use of the QualityRank Web Site or any of its services. The failure of QualityRank to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. QualityRank.com is a trademark of QualityRank, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

No Automated Querying
Special restrictions on a visitor’s license to access this Web Site apply to non-human visitors. “Non-human visitors” include, but are not limited to, web spiders, bots, indexers, robots, crawlers, or harvesters. Such non-human visitors are restricted from taxing the resources of this Web Site or any service it provides beyond what would be typical of a human visitor.

Non-human visitors are required to read and observe the industry-standard restrictions as set forth in the robots.txt file included at the root level of the Web Site governed by this Agreement. The restrictions provided for in this file shall be considered an addendum to this Agreement when applicable to non-human visitors. The robots.txt file specifies restrictions to the directories, files, and file types non-human visitors may access. Non-human visitors accessing information beyond what is allowed by the robots.txt file is recognized by the parties to this Agreement as trespass and is expressly prohibited.

Email addresses on this Web Site are considered proprietary and intellectual property of QualityRank. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are only accessible to said human visitors. Intentional collection, harvesting, gathering, or otherwise storing email addresses by non-human visitors is recognized under this Agreement as theft or diminution of value of QualityRank’s intellectual property and is expressly prohibited.

Changes in Terms and Conditions and Services
QualityRank reserves the right, at any time, to modify, alter, or update these terms and conditions, without notice or liability to you, and you agree to be bound by such modifications, alterations, or updates once they are posted within this Agreement.

QualityRank may terminate, change, suspend or discontinue any aspect of the QualityRank Web Site, including the availability of any features of this Web Site, at any time. QualityRank may also impose limits on certain features and services or restrict your access to parts or this entire Web Site without notice or liability.

Open Directory Disclaimer
QualityRank makes available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, QualityRank cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Neither QualityRank nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in the Open Directory. In addition, the QualityRank has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. QualityRank takes no responsibility for such content. When you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your Agreement to these Terms of Use. If you proceed to use the Open Directory, you thereby agree to be bound by these Terms of Use. The legal disclaimer and limitation of liability apply to the Open Directory.

Manipulation of Search Results
QualityRank is committed to providing visitors with the most relevant search results. QualityRank ranks search results automatically according to a ranking algorithm. This algorithm is being refined and changed constantly. QualityRank does not guarantee any ranking results. QualityRank also reserves the right in its sole discretion to adjust the ranking of search results, especially if QualityRank believes the Web Site is being abused. QualityRank will evaluate your claims of search result manipulation, but QualityRank reserves the right to take action or not. If you believe that search results have been manipulated, please contact:

QualityRank
2021 E. Solana Dr.
Tempe, AZ 85281
United States

Applicable Law
By visiting The QualityRank Web Site, you agree that the laws of the State of Arizona, without regard to Conflict of Laws Rules or Principles, will govern these terms and conditions and any dispute that might arise between you and QualityRank.

Limited Time to Bring your Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the QualityRank Web Site, or its service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Resale of Service
You agree not to duplicate, copy, resell, reproduce, sell, trade, or exploit for any commercial purposes, any portion of the QualityRank Web Site, use of the QualityRank Web Site, or access to its services.

Dealings with advertisers
Your business dealings or correspondence with, or participation in promotions of, advertisers found on or through the QualityRank Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that QualityRank shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the QualityRank Web Site.

No Third-Party Benificiaries
You agree that, except as otherwise expressly provided in this Terms of Service document, or except where written permission by QualityRank is granted, there shall be no third-party beneficiaries to this Agreement.

Claims of Copyright Infringement
QualityRank will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.
If you believe your copyright or the copyright of another has been infringed on the QualityRank Web Site, please provide QualityRank with a written notice containing the following information:


1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Web Site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Send your notice to:

QualityRank
2021 E. Solana Dr.
Tempe, AZ 85281
United States

Or email claims of infringement by QualityRank to:
webmaster@qualityrank.com

QualityRank reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. QualityRank also reserves the right to transmit any counter notification to the complaining party.