PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email CustomerService@WhoLinksToMe.com. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to WhoLinksToMe.com at WhoLinksToMe.com Customer Service, 1604 Nueces Street, Austin, Texas, 78701.
Description of the Service. WhoLinksToMe.com provides users with access to a rich collection of resources, including by not limited to, search engine optimization tools, link analysis tools, link building tools, down-loadable toolbars, application program interfaces (APIs), site profile services, search analytics, blogs, newsletters, user-generated-content, personalized content and industry surveys and opinion polls (the "Service"). You also understand that the your use of the Website or Service may include certain communications from WhoLinksToMe.com, such as service announcements, administrative messages and survey invitations and that these communications are considered part of WhoLinksToMe.com free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Website or Service, including the release of new WhoLinksToMe.com properties, shall be subject to this Agreement. You are responsible for obtaining access to the Website or Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You must provide and are responsible for all equipment necessary to access the Service.
Beta Services. From time to time, WhoLinksToMe.com may add new features to the Website or Service that are described as "beta" ("Beta Features"). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, WhoLinksToMe.com does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Website and Service and all provisions of this Agreement relating to the Website or Service will apply to the Beta Features.
Offensive, Provocative, and Defamatory Content. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited. Please see our Blog Etiquette for further information about appropriate conduct on our site.
Member Disputes. You are solely responsible for your interactions with other WhoLinksToMe.com Registrants and Members. WhoLinksToMe.com reserves the right, but has no obligation, to monitor disputes between you and other Registrants or Members.
Proprietary Rights. WhoLinksToMe.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of WhoLinksToMe.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service. Except as expressly authorized by WhoLinksToMe.com, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Website or Service or use of the Website or Service, or access to the Website or Service or computer code that powers the Website or Service (hereafter sometimes "Software").
Permissions. It is WhoLinksToMe.com's policy to liberally grant permission to anyone interested in re-publishing our free WhoLinksToMe.com Blog content, on the condition that you give WhoLinksToMe.com written credit and accurately link back to the original WhoLinksToMe.com post. If you are interested in reproducing or using WhoLinksToMe.com's Blog content in any way, or using any other content on the site, including tips and tricks, Resources, any reports generated contained on or generate by the Website or Service, guides, FAQ's, newsletters, publicly available content or PRO content please contact CustomerService@WhoLinksToMe.com. We look forward to hearing from you.
Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
- The signature of a person authorized to act on behalf of the owner of the infringed copyright;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
- A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to CustomerService@WhoLinksToMe.com.
Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration or subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. WhoLinksToMe.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements. This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at CustomerService@WhoLinksToMe.com immediately. You must be at least eighteen (18) years of age to subscribe as a PRO Member of WhoLinksToMe.com. Membership in the Service is void where prohibited. By using the Website or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Unauthorized Users. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Blocking of IP Addresses. In order to protect the integrity of the Service, WhoLinksToMe.com reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Registration and Subscription; Pricing. You may become a Registrant of the Website at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must become a paying PRO Member to the service by agreeing to enter into a subscription with us. Please see our Product Page for a description of the current subscription plans and their prices (hereafter "Subscription Policies").
Depending on the subscription plan you select, you will be entitled to varying number of WhoLinksToMe.com credits ("Credits") each month to be used exclusively for the access to certain WhoLinksToMe.com Services. Please note that the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Further, WhoLinksToMe.com may change Service features and functionality from time to time. To see our current Subscription Policies see subscription terms below and on our Product Page. For purposes of this Agreement the term "Member" or "PRO Member" includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Subscriptions: Charges on your Account.
- General. You agree to pay to WhoLinksToMe.com the subscription fee ("Subscription Fee") specified in the Product Page during the subscription Period ("Subscription Period"). The Subscription Period varies depending on the plan you sign up for. We currently offer either monthly or annual subscriptions.
- WhoLinksToMe.com Credits. Each month during the Subscription Period, you will be entitled to a certain allotment of WhoLinksToMe.com Credits, in addition to other Services. You may use these Credits to access certain WhoLinksToMe.com tools and services. You will not be able to carry over to a subsequent month any unused portion of your monthly WhoLinksToMe.com Credits because the Credits will expire at the end of the associated month. Credits cannot be transferred, redeemed or exchanged.
sons (including your agents) using your Account, and you authorize WhoLinksToMe.com to charge you through our payment gateway partner ("Payment Method") for the Service. You agree to make payment using the Payment Method. WhoLinksToMe.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If WhoLinksToMe.com does not receive payment from your Payment Method, you agree to pay all amounts due on your Account on demand.
- Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the Subscription Period specified on your Account. All subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.
- Recurring Billing. All of our subscription plans use recurring billing. If you elect to pay for the Subscription Period on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. If you elect to pay the Subscription Period annually, you will automatically be charged the Subscription Fee for the subsequent year, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. WhoLinksToMe.com MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WhoLinksToMe.com REASONABLY COULD ACT.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FORYOUR PAYMENT METHOD AS REQUIRED BY PAYPAL WEBSITE PAYMENTS PRO OR OUR THEN GATEWAY PAYMENT PARTNER. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE AS REQUIRED BY PAY PAL WEBSITE PAYMENT PRO OR OUR THEN GATEWAY PAYMENT PARTNERS ACCORDING TO THEIR TERMS OF SERVICE, USER AGREEMENTS, OR OTHER RULES OR REGULATIONS. YOU MUST ALSO PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION AS WE MAY REQUIRE TO KEEP YOUR ACCOUNT WITH WHOLINKSTOME.COM CURRENT AND ACTIVATED.
- Change in Amount Authorized. If the amount to be charged to your Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and WhoLinksToMe.com shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your WhoLinksToMe.com account. You agree that WhoLinksToMe.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-renewal. Your WhoLinksToMe.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. WhoLinksToMe.com reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 60 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your WhoLinksToMe.com Membership.
- Subscription Cancellation. You are solely responsible for properly canceling your PRO Subscription. You can cancel your subscription at any time by either: 1) sending a written request to cancel your subscription to WhoLinksToMe.com Customer Service, 1604 Nueces Street, Austin, Texas 78701 or 2) or by following the Cancel Subscription link located on the Edit Account tab of the My Account Page. An email request to cancel your subscription is not considered cancellation. While we try to respond to email requests to cancel subscriptions, we may not receive or respond to all emails. Please do not assume your subscription has been canceled if you email site support. Send a written request or request cancellation through the Cancel Subscription link located on the Edit Account tab of the My Account Page to cancel your subscription. If you paid your subscription with one annual payment and you cancel your Membership, you may use your subscription until the end of your then-current Subscription Period; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then current Subscription Period. If you pay your subscription in monthly installments and you cancel your Membership prior to the end of the Subscription Period, you may use your subscription until the end of your then-current Subscription Period; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then current Subscription Period. You remain responsible for all charges incurred prior to WhoLinksToMe.com terminating access to your PRO account. You will still have Basic account access using your same authentication credentials after your PRO subscription has been terminated.
- Account Cancellation. You are solely responsible for properly canceling your account. You can cancel your account at any time by either: 1) sending a written request to cancel your account to WhoLinksToMe.com Customer Service, 1604 Nueces Street, Austin, Texas 78701 or 2) or by clicking this Cancel Account link. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Send a written request or request cancellation through the Cancel Account link on this page to cancel your account. Your account cannot be recovered once it has been cancelled. If you are cancelling a PRO account, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then current Subscription Period.
- Collection. Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys' fees and collection costs arising from WhoLinksToMe.com's efforts to collect unpaid balances.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that WhoLinksToMe.com is authorized to charge your Payment Method. WhoLinksToMe.com may submit those charges for payment and you will be responsible for such charges. This does not waive WhoLinksToMe.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Promotions. Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact CustomerService@WhoLinksToMe.com to have the charges reversed.
- Upgrades and Downgrades. You may upgrade or downgrade your Account at any time. Your downgrade will be effective on your Account at the start of the next Subscription Period. If you downgrade your account during a Subscription Period you are not entitled to a refund of any portion of your Subscription Fee already billed for that Subscription Period. You will be billed for the new level of service at the start of the next Subscription Period.
|Bronze||Monthly||$39.95 USD per month|
|Bronze||Annual||$383.23 USD per year|
|Silver||Monthly||$149.95 USD per month|
|Silver||Annual||$1439.52 USD per year|
- Bronze Monthly upgrade to Bronze Annual Subscription: Member will immediately be billed $343.28, at which time the 12-month annual subscription term begins. At the conclusion of this term, Member agrees to pay $383.23 annual recurring fee.
- Bronze Monthly upgrade to Silver Monthly Subscription: Member will immediately be billed $110.00, at which time the monthly subscription term begins. At the conclusion of this term, Member agrees to pay $149.95 monthly recurring fee.
- Bronze Monthly upgrade to Silver Annual Subscription: Member will immediately be billed $1395.97, at which time the 12-month annual subscription term begins. At the conclusion of this term, Member agrees to pay $1439.52 annual recurring fee.
- Bronze Annual upgrade to Silver Monthly Subscription: Member will immediately be billed a prorated amount based upon the number of days remaining on their current subscription, at which time the monthly subscription term begins. At the conclusion of this term, Member agrees to pay $149.95 monthly recurring fee.
- Bronze Annual upgrade to Silver Annual Subscription: Member will immediately be billed a prorated amount based upon the number of days remaining on their current subscription, at which time the 12-month annual subscription term begins. At the conclusion of this term, Member agrees to pay $1439.95 annual recurring fee.
- Silver Monthly upgrade to Silver Annual Subscription: Member will immediately be billed $1289.57, at which time the 12-month annual subscription term begins. At the conclusion of this term, Member agrees to pay $1439.52 annual recurring fee.
- Bronze Annual downgrade to Bronze Monthly Subscription: Member will be billed at the monthly recurring rate of $39.95, beginning at the conclusion of their current annual subscription.
- Silver monthly downgrade to Bronze Annual Subscription: Member will be billed at the annual recurring rate of $383.23, beginning at the conclusion of their current monthly subscription.
- Silver monthly downgrade to Bronze Monthly Subscription: Member will be billed at the monthly recurring rate of $39.95, beginning at the conclusion of their current monthly subscription.
- Silver Annual downgrade to Silver Monthly Subscription: Member will be billed at the monthly recurring rate of $149.95, beginning at the conclusion of their current annual subscription.
- Silver Annual downgrade to Bronze Annual Subscription: Member will be billed at the annual recurring rate of $383.23, beginning at the conclusion of their current annual subscription.
- Silver Annual downgrade to Bronze Monthly Subscription: Member will be billed at the monthly recurring rate of $39.95, beginning at the conclusion of their current annual subscription.
Modifications to Service. WhoLinksToMe.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. You agree that WhoLinksToMe.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service.
Reliance on Content, Advice, Etc. Any advice that may be posted on the Website or in connection with the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. WhoLinksToMe.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or the Service. Under no circumstances will WhoLinksToMe.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or Service or transmitted to or by any Members.
DISCLAIMERS OF WARRANTIES. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS.
WHOLINKSTOME.COM MAKES NO EXPRESS WARRANTIES. WHOLINKSTOME.COM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE, INFORMATIONAL CONTENT, AND/OR MERCHANTABIITY.
WHOLINKSTOME.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR SERVICE. WHOLINKSTOME.COM DISCLAIMS ANY WARRANITY OF THE ACCURATENESS OF INFORMATIONAL CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY WEBSITE CONTENT AND SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY WHOLINKSTOME.COM OR SUBMITTED TO WHOLINKSTOME.COM, INCLUDING WITHOUT LIMITATION INFORMATION ON THE WEBSITE, THE DASHBOARD, THE WHOLINKSTOME BLOG, THE FAQ'S, THE PRESS SECTION, NEWSLETTERS, ANY APIS, OR ANY OTHER PART OF THE WEBSITE OR SERVICE. USE OF THE WEBSITE OR THE SERVICE MAY RESULT IN TECHNICAL MALFUNCTION, DELAY, MISDELIVERY, OR OTHER PROBLEMS WITH OTHER SYSTEMS, PROGRAMS, OR COMPUTER HARDWARE. WHOLINKSTOME.COM CANNOT AND DOES NOT GUARANTEE COMPATIBILITY WITH OTHER SYSTEMS AND HARDWARE.
Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, WhoLinksToMe.com may provide links to certain third-party websites. You acknowledge and agree that WhoLinksToMe.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because WhoLinksToMe.com has no control over such sites and resources, you acknowledge and agree that WhoLinksToMe.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that WhoLinksToMe.com is not in any way responsible for any such use by you.
LIMITATION ON LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WHOLINKSTOME.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHOLINKSTOME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR INABILITY TO ACCESS OR OBTAIN ANY GOODS, DATA, INFORMATION OR SERVICES THROUGH OR FROM THE WEBSITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICE; OR (V) ANY CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO REGISTRANTS OR MEMBERS; OR (VI) ANY INACCURATE OR OUT-OF-DATE CONTENT PRODUCED BY THE TOOL
S OR PUBLISHED BLOG, FAQ'S, NEWSLETTERS, WEBSITE OR SERVICE; OR (VII) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, WHOLINKSTOME.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WHOLINKSTOME.COM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You. You agree to indemnify and hold WhoLinksToMe.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the gateway payment partner in connection with your Account, your use of the Website, Service or Software in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of WhoLinksToMe.com's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Website or the Service. You obligation to indemnify will survive the expiration or termination of this Agreeme
nt by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on WhoLinksToMe.com Network. When you register or subscribe with WhoLinksToMe.com, you acknowledge that in using WhoLinksToMe.com services to send electronic communications (including but not limited to search queries, sending messages to the WhoLinksToMe.com Blog, FAQ's, newsletters, uploading files and photos, running WhoLinksToMe.com tools, and other internet activities), you will be causing communications to be sent through WhoLinksToMe.com's computer networks located in multiple states, and other locations in the United States and other countries. As a result, and also as a result of WhoLinksToMe.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
U.S. Export Controls. Software from the Website or Service is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. WhoLinksToMe.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. WhoLinksToMe.com may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to WhoLinksToMe.com. If WhoLinksToMe.com terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of WhoLinksToMe.com. WhoLinksToMe.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
Disputes, Arbitration and Forum Selection for Resolution of Disputes. If there is any dispute arising out of the Website and/or the Service, by using the Website or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions, and YOU EXPRESSLY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF TEXAS, IN TRAVIS COUNTY, for the resolution of any such dispute subject to the following: ANY DISPUTE OR CLAIM ARISING OR RELATED TO THIS AGREEMENT, ITS PERFORMANCE, BREACH, OR INTERPRETATION (INCLUDING ISSUES ABOUT ITS VALIDITY OR ENFORCEABILITY), SHALL BE EXCLUSIVELY (EXCEPT AS PROVIDED BELOW) RESOLVED BY FINAL BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA), UTILIZING ITS COMMERCIAL ARBITRATION RULES. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. THE ARBITRATION SHALL BE HELD IN AUSTIN, TEXAS; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of Texas, as well as processes of the AAA in Texas. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
Other. The failure of WhoLinksToMe.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Agreement constitutes the entire agreement between you and WhoLinksToMe.com and govern your use of the Website or service, superseding any prior agreements between you and WhoLinksToMe.com (including, but not limited to, any prior versions of the Agreement).
Questions about the Terms of Service should be sent to CustomerService@WhoLinksToMe.com.