Terms & Conditions
The Site is operated by itrinity, s.r.o., Ucitelska 4, 969 01 Banska Stiavnica, Slovakia, European union.
1. Description of services
KWFinder Premium provides its users ("You"), for use, access to your Google AdWords account (the "Service") from within the KWFinder interface.
KWFinder Plus provides its users ("You"), for use, access to data on your website's search engine traffic and provides keyword recommendations delivered via email and RSS. In addition, KWFinder Plus gives you access to a Sitemap ready for submission to the major search engines.
2. Use of Services
In consideration of your use of KWFinder, you represent that you are of legal age to form a binding contract, are not a minor under the age of 13, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by KWFinder. All personal information (which could include email address, URL, KWFinder account password, Google AdWords password, and any optional information you chose to give to us) must always be promptly updated as soon as it stops being true, complete, accurate, or current. KWFinder is not responsible for any errors that occurs because of your failure to update this information.
You are responsible for maintaining the confidentiality of your KWFinder account password, and if applicable your Google AdWords account password, and are responsible for all activities that occur under your account. You agree to immediately notify KWFinder of any unauthorized use of your password or account or any other breach of security. KWFinder cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. KWFinder reserves the right to refuse service to anyone at any time without notice for any reason.Conduct of Users As a condition for accessing and using the Site and the Service, you agree that you will not:
In case of any violation of the above, KWFinder reserves the right to cancel and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion.
You understand that the technical processing and transmission of Connors Communications services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We make every effort to protect your personal identifiable information. All secure orders and confidential information are processed through Secure Sockets Layer (SSL) technology via secure server. All AdWords login information including email address and password is guarded using the latest encryption methods.
4. PROPRIETARY RIGHTS
You acknowledge and agree that KWFinder and any necessary software used in connection with KWFinder services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through KWFinder services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KWFinder or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on KWFinder services, the Software, or the data collected on your behalf, in whole or in part.
KWFinder claims no ownership or control over any Data collected, posted or displayed by you on or through KWFinder. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to all Data collected on behalf of your website(s) through KWFinder and you are responsible for protecting those rights, as appropriate. These rights are limited per Section 8 of the Terms and Conditions.
By submitting to the KWFinder forum or the KWFinder blog, which are intended to be available to the general public, you grant KWFinder a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such posts on the KWFinder forum solely for the purpose of displaying, distributing and promoting KWFinder services. This license terminates when such content is deleted from the KWFinder service to which you originally submitted. KWFinder reserves the right to syndicate your KWFinder forum posts displayed by you and use that content in connection with any of the services offered by KWFinder.
You agree to hold harmless and indemnify KWFinder, and its parent, affiliates, officers, agents, employees, advertisers or partners, from and against any claim by a third party arising from or in any way related to your use of KWFinder services, violation of these Terms of Service or any other actions connected with use of KWFinder services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, KWFinder will provide you with written notice of such claim, suit or action.
6. Limitation of Liability
You expressly understand and agree that KWFinder, its parent, affiliates, officers, agents, employees, advertisers or partners, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KWFinder has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use KWFinder services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from KWFinder services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on KWFinder services; or (v) any other matter relating to KWFinder services.
KWFinder'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO KWFinder FOR USE OF THE SERVICE.
Even if KWFinder, its parent, affiliates, officers, agents, employees, advertisers or partners have been advised of the possibility of such damages, certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
7. Representations and Warranties; Disclaimers
You expressly understand and agree that:
Your use of KWFinder services is at your sole risk. KWFinder services are provided on an "as is" and "as available" basis. KWFinder expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
KWFinder makes no warranty that (i) KWFinder services will meet your requirements, (ii) KWFinder services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of KWFinder services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through KWFinder services will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of KWFinder services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from KWFinder or through or from KWFinder services shall create any warranty not expressly stated in the terms of service.
While KWFinder prohibits the above conduct in connection with KWFinder, you understand and agree that KWFinder may or may not pre-screen its services and forum but shall have the right (yet not the obligation) in its sole discretion to pre-screen, refuse or move any Data captured in KWFinder or posts made to the discussion forum. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use KWFinder at your own risk.
Third-Party Content - Links
KWFinder services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KWFinder has no control over such sites and resources, you acknowledge and agree that KWFinder 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. These resources, content and services are provided to you "as is" to facilitate your web browsing. You further acknowledge and agree that KWFinder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
As such, you acknowledge that we may not be held liable with respect to third-party resources, such as Google AdWords or PayPal, and you agree to contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.
8. POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND IDENTITY
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law.
You are free to incorporate KWFinder's trade names, trademarks, service marks, logos, domain names, and other distinctive brand identities in reviewing the KWFinder service provided that you reproduce them accurately and in good faith of portraying the service to meet with KWFinder's approval. KWFinder also requires that you attribute each instance properly, for instance, with a URL to the KWFinder website (http://beta.KWFinder.com).
By posting to the KWFinder forum, you authorize KWFinder to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with KWFinder's authorized distribution of the post.
KWFinder grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single website; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to KWFinder services. You agree not to access KWFinder by any means other than through the interface that is provided by KWFinder for use in accessing KWFinder services.
10. FEES; USAGE
For monthly Subscribers your service begins on the date you subscribe and automatically renews on that date each month. For annual subscribers your service begins on the date you subscribe and automatically renews one year from your registration date. As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on KWFinder's website. Service is priced based on feature set and usage, which means the number of visits recorded to a registered website for a specified usage period. Website Visits do not include internal page-to-page visits from within the site's domain. We also do not count multiple visits to the same page from the same source (referrer) within one browser session. We only count the initial referral as a visit. KWFinder displays your monthly visit count on the My Account page. This value is used to determine which Service level you qualify for.
With respect to such usage, you are responsible for monitoring the volume of your traffic monthly. If you are a monthly subscriber, and if your monthly volume exceeds the maximum allowed at your Service level more than once, your access to the Service may be terminated at the end of that month. You may contact us via email to request a change in the Service you are receiving and your account will be reinstated once you have paid applicable fees for the new Service. If you do not renew your Service at the appropriate level your Service will remain terminated.
With respect to such usage, you are responsible for monitoring the volume of your traffic monthly. If you are a monthly subscriber, and if your monthly volume exceeds the maximum allowed at your Service level more than once, your access to the Service will be terminated at the end of that month. You may contact us via email to request a change in the Service you are receiving and your account will be reinstated once you have paid applicable fees for the new Service. If you do not renew your Service at the appropriate level your Service will remain terminated.
If you are an annual subscriber, and your traffic volume exceeds the maximum allowed at your service level, your service will not automatically renew at the end of your twelve month subscription period. You may renew your subscription at the appropriate level for your traffic volume. If you do not renew your Service at the appropriate level your Service will remain terminated.
If you are a KWFinder Premium subscriber we limit the number of keyword transfers used per month. In any month that you exceed your keyword transfer limit, we automatically prevent you from performing further transactions until your next billing cycle.
We may change the fees for our Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by KWFinder prior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable [monthly/annually] in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable fees.
11. NO RESALE OF SERVICE OR DATA COLLECTED ON YOUR BEHALF
You agree not to reproduce, duplicate, copy, sell, trade, reverse engineer, or resell any portion of KWFinder services or data collected on your behalf, use of KWFinder services, or access to KWFinder services.
12. MODIFICATIONS, TERMINATIONS
KWFinder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the KWFinder service (or any part thereof) with or without notice. You agree that KWFinder shall not be liable to you or to any third party for any modification, suspension or discontinuance of KWFinder services.
Payment, Refunds, Upgrading and Downgrading Terms
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. You may contact customer service to request a refund for extenuating circumstances. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. KWFinder does not accept any liability for such loss.
14. Advertisements; Distributors; Affiliates
KWFinder may choose to implement advertising on the KWFinder website and/or in the KWFinder service at a later date. KWFinder reserves the right to determine the manner, mode and extent of advertising on its services which will be subject to change. You agree that KWFinder shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of you clicking on such advertisement or as the result of the presence of such advertisers on KWFinder's services.
KWFinder may choose to enter into a relationship for the purpose of re-selling third-party services. KWFinder reserves the right to determine the manner, mode and extent of such services which will be subject to change. You agree that KWFinder shall not be responsible or liable for any loss or damage of any sort incurred by you electing to sign up for a third-party service offered through KWFinder.
15. Service Levels
KWFinder periodically schedules system downtime for maintenance and other purposes and will make all best efforts to notify you in advance. Unplanned system outages also may occur. KWFinder does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond KWFinder's control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where KWFinder or your servers are located or co-located.
16. No Third Party Beneficiaries
17. General Information
KWFinder services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KWFinder has no control over such sites and resources, you acknowledge and agree that KWFinder 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 further acknowledge and agree that KWFinder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
19. GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and KWFinder and govern your use of KWFinder's services, superseding any prior agreements between you and KWFinder. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other KWFinder services, affiliate services, third-party content or third-party software.