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Terms and Conditions
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The creation and implementation of this service is under the company High Relevance Limited of UK and for all legal and communication liability purposes it will use the SME Ranking brand. SME Ranking TERMS AND CONDITIONS Overview This is a legal agreement (the “Terms of Use”) between and you and SME Ranking and any other entity affiliated with SME Ranking. The policies below are applicable to (i) the Platform (however accessed and/or used), whether via personal computers, mobile devices or otherwise; and (ii) other interactive features and applications that are operated by us or that are made available by us. Please read these Terms of Use and our Privacy Policy, which contains our Cookies Policy, carefully. BY USING OUR PLATFORM AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE THE PLATFORM AND EXIT IT. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE AND THE PRIVACY POLICY FROM TIME TO TIME WITHOUT NOTICE. THE DATE OF LAST MODIFICATION IS STATED AT THE END OF THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE FROM TIME TO TIME FOR UPDATES. YOUR CONTINUED USE OF OUR PLATFORM AND ANY AFFILIATE WEBSITES/PLATFORMS FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND THE PRIVACY POLICY WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. In addition, you agree to comply with all local, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Platform. By using this Platform, you agree to such terms and conditions and you represent and warrant that you have read and understood the Terms of Use and the Privacy Policy, will abide by them, and that you are 18 years of age or more, or the applicable age if majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union. The Terms of Use and the Privacy Policy extend to any permutation of the Platform including without limitation any mobile version, IOS and/or Android application). We may, from time to time, release new tools and resources on the Platform, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use and our Privacy Policy as well as any additional terms and conditions that we may release for those specific services or features. Copyright and Ownership The Platform, its content and all related rights shall remain the exclusive property of SME Ranking or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Platform. Trademarks All trademarks, service marks and trade names of SME Ranking or SME Ranking’s licensors used herein (including but not limited to: SME Ranking name, SME Ranking corporate logo, the Platform name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of SME Ranking or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SME Ranking trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without SME Ranking’s prior written consent. The use of SME Ranking trademarks on any other Platform or network computer environment is not allowed. Third Party Links From time to time, this Platform may contain links to websites that are not owned, operated or controlled by SME Ranking or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Platform. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using services found at any third party links, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from such links to third party services. Account Registration and Security You understand that you need to create an account to have access to the Platform. In consideration of your use of the Platform, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Platform’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SME Ranking has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SME Ranking has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Platform. We have the right to provide, either with or without notice to you, user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business or to process orders made to your credit card or other payment vehicle via your account). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. As such, you are responsible for any charges on your account that are incurred by any person through your account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your account secure and confidential. SME Ranking shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify SME Ranking, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. You may not attempt to gain unauthorized access to the Platform. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, SME Ranking shall have the right to terminate your account and pursue all available remedies at law. In the event all or a portion of SME Ranking is sold to a third party you agree that we shall have the right to transfer the Registration Data to the third party for the purposes of continued service to you. Fees For all charges for any products and services that you agree to buy from the Platform, SME Ranking will bill your credit card, debit card, or alternative payment method offered by SME Ranking. All charges are non-refundable. SME Ranking will be clear what your charges will be, so you will know when you purchase something and how much it will be. At its discretion, SME Ranking may post charges individually or aggregate your charges with other purchases you make on the Platform. In the event legal action is necessary to collect on balances due, you agree to reimburse SME Ranking for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform. You are also responsible for any taxes associated with any purchases made via the Platform, including, but not limited to sales, use or value-added taxes. Third Party Agents We have third party agents, subsidiaries, affiliates and partners, that perform functions on our behalf, such as hosting, billing, marketing, analytics, providing customer service, fraud protection, etc. These entities may have access to your Registration Data to perform their functions and are contractually obligated to maintain the confidentiality and security of that Registration Data. If necessary, you will cooperate these third party agents, subsidiaries, affiliates and partners so that they may perform their functions. Notwithstanding the foregoing, your data is subject to the terms of our Privacy Policy and the protection we set out there. Access and Interference You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our 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) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Platform. Force Majeure Neither SME Ranking nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. Disclaimers YOUR USE OF THIS PLATFORM IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS PLATFORM ARE PROVIDED “AS IS” and “WITH ALL FAULTS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SME Ranking, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS PLATFORM. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS PLATFORM MAY BE OUT OF DATE, AND NEITHER SME RANKING, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SME Ranking OR THROUGH SME Ranking PLATFORM, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SME Ranking DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS PLATFORM ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SME Ranking OR THROUGH SME Ranking PLATFORM, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Limitations of Liability SME Ranking does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Platform, or your downloading of any information or materials from this Platform. All Content on this Platform is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for verifying any information before relying on it. Use of the Platform and the Content available on the Platform is at your sole risk. SME Ranking makes no representations or warranties that use of the Platform will be uninterrupted or error-free. You agree that from time to time SME Ranking may remove the Platform, or portions of the Platform, for indefinite periods of time, or cancel the Platform, or portions of the Platform, at any time, with or without notice to you. SME Ranking makes no warranty that any browser, or portable device will be compatible with the Platform or any Content offered on the Platform. Under no circumstance shall SME Ranking be liable for any unauthorized use of the Platform or its Content. IN NO EVENT WILL SME Ranking, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OF THIS PLATFORM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS PLATFORM, ANY WEBSITES LINKED TO THIS PLATFORM, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS PLATFORM OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS PLATFORM. IN NO EVENT SHALL SME Ranking’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE STERLING POUNDS (GBP 25.00). Indemnity You agree to defend, indemnify and hold SME Ranking and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Platform or the Internet or your placement or transmission of any message or information on this Platform by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Platform with your unique username, password or other appropriate security code. You shall not sue or seek to recover any damages or other payment from SME Ranking and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary of SME Ranking as a result of its decision to terminate or suspend the Terms of Use and service hereunder. Release In the event that you have a dispute with one or more other users of the Platform, you release SME Ranking (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Changes to the Platform, accounts and pricing SME Ranking reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, SME Ranking shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that SME Ranking and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Platform and/or any Services that SME Ranking may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. SME Ranking may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its services from time to time. In the event of any increase in the price or material reduction in the features of any service that you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your service. In all other cases, where SME Ranking proposes to make changes to any type of service you have purchased, and these changes are material and to your disadvantage, SME Ranking will notify you of the proposed changes by sending a message to your SME Ranking account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your service.
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