Terms of UsageTERMS AND CONDITIONSThese Terms and Conditions describe a legally binding contract (“Agreement”) between you, whether as an individual or entity (“you” or “user”) and INTERSTORE CAPITAL s.r.o. (“INTERSTORE CAPITAL”) and its subsidiary companies (jointly, “Company,” “we,” “us,” or “our”), relating to your access to and use of the website HostingRanker.com and all other media channel, media form, mobile application, or mobile website connected or related thereto (jointly, the “Site”). The Site offers the following service: reviews and other information that pertains to web hosting services (collectively, the “Services”). Additional terms and conditions or documents that may be posted on the Site periodically are expressly incorporated into this Agreement by indication. INTERSTORE CAPITAL makes no warranty or representation that the Site is available or appropriate in other locations apart from where it is operated by INTERSTORE CAPITAL. The information offered on and through the Site is not meant to be distributed to or use by any entity or person in any country or jurisdiction where such distribution or use would be a direct violation of the law or regulation or which would subject us to a registration requirement in such state or jurisdiction. Notably, the entities or persons who choose to access the Site from other locations do so in their own interest and are exclusively responsible for compliance with local laws, to the maximum extent permitted by the applicable law. All users who are under the minority age in their respective jurisdictions (usually under 18 years) must seek the permission of and be directly monitored by a parent or guardian (as available) to access or use the Site. If you are a minor (below 13 years of age), your parent or guardian must read and consent to these Terms and Conditions before your use of the Site. Persons below the age of 13 are restricted from accessing the Site or using the Services thereof. You accept and consent to be bound by these Terms and Conditions through the acknowledgment of such acceptance in the registration process and by your continued use of the Site. If you are consenting to these Terms and Conditions on behalf of an entity or company, you warrant and represent that you have the full authority to bind the entity or company to these Terms and Conditions. If you do not have such authority, you must not consent to these Terms and Conditions and as such, may not use the Service. If you do not consent to this Agreement or the future updates, kindly discontinue your access to and use of the Site and the Services. REVIEW GUIDELINESIn our exclusive discretion, we may accept, reject, or delete reviews. We do not possess any absolute obligation to screen reviews or to remove reviews, even if a user considers such review as inappropriate and objectionable. Review posters should comply with the following criteria:
Reviews posted by users are not verified or approved by us and do not represent the position of the company, its affiliates, or partners. We do not assume any liability for reviews or any claims, losses, or liabilities resulting from any review posted by a user. By posting a review, the reviewer at this moment grants us a worldwide, perpetual, non-exclusive, royalty-free, fully-paid, sublicensable, and assignable license to modify, reproduce, transmit, broadcast, translate by any means, perform, display and/or distribute all content that pertains to the review. YOUR SUBMISSIONSYou acknowledge and accept that any questions, suggestions, feedback, comments, ideas and other information about the Site or the Services (collectively, “Submissions”) provided to us by you are non-confidential and we (or our representative) shall be entitled to access to, use and dissemination of these Submissions for any purpose (either commercial or otherwise), without any acknowledgement or reward to you. PROHIBITED ACTIVITIESYou may not be permitted to access or use the Site and the Services for any other purpose apart from the intended purpose for which we make it available. The Site may not be used to advance any commercial activities except those that are specifically approved or endorsed by us. Prohibited activities include but not limited to:
INTELLECTUAL PROPERTY RIGHTSThe content on the Site (“Content”) and the service marks, trademarks, and logos contained therein (“Marks”) are licensed to or owned by INTERSTORE CAPITAL and are subject to intellectual property rights and copyright under international conventions and applicable laws. The Content includes without limitation, source code, functionality, databases, website design, software, text, audio, video, photographs, and graphics. All graphics, page headers, designs, logos, scripts, button icons, and service names are registered trademarks, trade dress, or common law trademarks of the INTERSTORE CAPITAL in the U.S. and/or other countries. As such, they may not be used, including as part of trademarks or as part of domain names that pertains to any product or service in any manner that lead to confusion and may not be imitated, copied, or used, in whole or in part, without the express written permission of the INTERSTORE CAPITAL. Content on the Site is provided to the users on “As Is” basis, strictly for your information and personal use only and may not be copied, used, aggregated, reproduced, transmitted, distributed, sold, displayed, licensed, or otherwise exploited for any unintended purpose whatsoever without the express permission of the owners. Provided you are qualified to use the Site, we at this moment grant you a limited license to access and use the Site and the Content to which you have rightfully gained access exclusively for your non-commercial, personal use. We reserve all exclusive rights not expressly granted to you in and to the Site, Content, and Marks. THIRD-PARTY WEBSITES AND CONTENTThe Site contains (or you may be transferred through the Site or the Service) links to other websites (“Third Party Websites”) as well as photographs, graphics, articles, text, designs, pictures, information, sound, video, software, application and other items or content originating from or belonging to third parties (collectively, “Third Party Content”). Be informed that such Third Party Websites and Third Party Content are not monitored, investigated or checked for accuracy, appropriateness, correctness or completeness by us, and as such, we are not responsible for any Third-Party Websites accessed through our Site or any Third Party Content available on or obtained through our Site, including the content, opinions, accuracy, reliability, offensiveness, privacy practices or other policies or regulations of or contained in the Third-Party Websites or Third Party Content. The inclusion of permitting the use or installation, linking to any Third Party Website or Third Party Content does not represent our acceptance, endorsement, and approval of the Third Party by us. If you decide, in your sole discretion, to leave our Site and access any Third Party Website or to install or use any Third Party Content, you do so at your own risk. In addition, you should be aware that our Terms and Conditions and Privacy Policy does not govern the Third Party Websites and Third Party Content. You are at this moment advised, in your own interest, to read the applicable terms of service, privacy practices and information gathering practices of any website you navigate to from our Site. Any transactions you make through the Third Party Website will be through other websites and from other companies; therefore, we assume no responsibility whatsoever concerning such transactions, which are solely between you and the said third party. PRIVACYWe handle the privacy of our users with the utmost care. Please review our Privacy Policy. Your further access to and use of the Site and our Services, you consent to the practices described in our Privacy Policy. MODIFICATIONSTo These Terms and Conditions: We may modify or change this Agreement periodically. Any and all changes to these Terms and Conditions will be made public through the Site, with the revisions indicated by date. You consent to be bound by the changes made to these Terms and conditions when you use the Service after the modification becomes effective. Modifications shall become effective upon posting. To the Services: We reserve the exclusive right, at our sole discretion, to discontinue (permanently or temporarily) or modify the Services (or any aspect thereof) with or without prior notice. You consent that we shall not be responsible to you or any third party for any suspension, modification, or discontinuance of the Services. DISPUTES RESOLUTIONAll disputes, claims, rights, questions of law, and remedies concerning any act, occurrence, or event undertaken pursuant or relating to the Site or the Services shall be interpreted and governed by the laws of California, excluding the conflict of the law situation. Application of the United Nations’ Convention on Contracts for the International Sale of Goods is exempted from this Agreement. Also, the implementation of the Uniform Computer Information Transaction Act is exempted from this Agreement. Under no circumstance shall any action, claim, or proceeding by you concerning or related to the Site and/or the Service be instituted after two years since the cause of action arose. Be informed that you will be accountable for any attorney’s fees if we have to take any legal step to enforce these Terms and Conditions. CORRECTIONSFrequently, there may be certain information on the Site that contains errors (typographical), omissions, or inaccuracies that may pertain to pricing, service descriptions, functionality and availability, and several other information. We reserve the sole right to correct any errors, omissions, or inaccuracies and to update or modify the information at any time, with or without any prior notice. DISCLAIMERSYOU CONSENT THAT YOUR ACCESS TO, AND USE OF THE SITE AND THE SERVICES WILL BE AT YOUR RISK ONLY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, INTERSTORE CAPITAL, ITS DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-VIOLATION. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES ABOUT ANY ASPECT OF THE SERVICE SUCH AS THE COMPLETENESS OR ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY LINKED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY:
WE DO NOT WARRANT, GUARANTEE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT OFFERED OR ADVERTISED THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN A BANNER OR OTHER ADVERTISING MATERIALS, AND WE SHALL NOT BE A PARTY TO OR IN ANY WAY BE HELD RESPONSIBLE FOR SUPERVISING ANY TRANSACTION BETWEEN YOU AND THE THIRD PARTY SERVICE PROVIDERS. AS REGARDING THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY CHANNEL OR MEDIUM, OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE THE USE OF YOUR BEST JUDGEMENT AND APPLY CAUTION WHERE NECESSARY. LIMITATIONS OF LIABILITYUNDER NO CIRCUMSTANCE SHALL INTERSTORE CAPITAL, ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BE RESPONSIBLE TO YOU OR ANY THIRD PARTY AFFILIATED TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, AND/OR INFORMATION OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN INFORMED OF THE LIKELY OCCURRENCE OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE RESTRICTED TO A MAXIMUM OF $10. SOME STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THIS LAW IS APPLICABLE TO YOU, SOME OR ALL THE DISCLAIMERS ABOVE AND THE CONSEQUENT LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ENJOY ADDITIONAL RIGHTS. INDEMNIFICATIONYou consent to defend, indemnify and hold INTERSTORE CAPITAL, its affiliates and subsidiaries, and their respective partners, officers, agents, and employees, harmless from and against any and all loss, damage, demand, claim or liability (including reasonable attorney’s fees), made by any third party as a result of or in connection to your use of the Service, contributed content, or as a result of a violation of these Terms and Conditions, and any breaches of your warranties and representations described above. We will use all reasonable means to notify you of any such action, claim, or proceeding, which is dependent on this indemnification upon becoming aware of it. ELECTRONIC CONTRACTINGYour use of the Service includes the capability to enter into binding agreements and/or to make payments and other transactions electronically. You acknowledge and consent that your electronic submissions represent your intent and agreement to be bound by and to pay for such purchases. Your intention and agreement to be bound by such electronic submissions is applicable to all records that pertain to all transactions you enter into as regards the Service, including but not limited to notices of cancellation, contracts, policies, and applications. To retain and access your electronic records, you may be required to have certain software and hardware, which are exclusively your responsibility. MISCELLANEOUSThese Terms and Conditions comprise of the entire agreement between you and INTERSTORE CAPITAL regarding the use of the Services. Our inability to enforce or exercise any clause or provision of these Terms and Conditions shall not be construed as the waiver of such clause or provision. The titles of sections in these Terms and Conditions are strictly for conveniences purpose, having no contractual or legal effect. This Agreement shall remain enforceable to the maximum extent permitted by the applicable law. This Agreement may not be assigned by you without our prior written permission. We may assign any and all of its obligations and rights to others at any time. We shall not be responsible or held accountable for any loss, delay, damage, or failure to act caused by any action beyond our reasonable control. If any clause or provision herein is considered to be unlawful, unenforceable, or void, that clause or provision or part of a provision is deemed to be severable from these Terms and Conditions and does not affect the enforceability and validity of the remaining clauses or provisions. Upon our request, you will provide us with any documentation or releases necessary to confirm your compliance with these Terms and Conditions. You consent that this Agreement will not be construed against us by virtue of being drafted. You, at this moment, waive any and all defenses you may possess based on the electronic form of these Terms and Conditions and the lack of signing by the parties involved in the Agreement. CONTACT USIn order to resolve an issue regarding the Services or subscribe to receive further information regarding the use of the Services, kindly contact us as set forth below, or if a previous issue is not well resolved, you can contact us on: 340 S LEMON AVE #2969 WALNUT, CA 91789
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