Last modified 11/5/2020

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully.

1. Terms of Service

These Terms govern your access to and use of PadRank.com, as operated by PadRank, Inc. (“PadRank”, “our” or “we”). Our website, as well as all content, products, including PadRank™ SuperScore™, and services available at or through this website and any related smartphone or mobile applications (collectively, “Services”).

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PadRank’s Privacy Policy), and procedures that may be published from time to time by PadRank (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy).

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a PadRank.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

3. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for, access, or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, rental information, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material made available through the websites and web pages that link to, or are linked from, PadRank.com or our other Services. For example:

• We do not have any control over those websites and are not responsible for their contents or their use.
• The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We disclaim any responsibility for any harm resulting from third party websites. We reserve the right, in sole discretion, to refuse to list any person, individual, company, property or business. We reserve the right to delete or edit any listing containing any inconsistencies, offensive, or material in breach of Terms. You agree that we may retain certain information to prevent misconduct or other violations may persist as backup indefinitely without being made available to you or others.

5. General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with these Terms;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not overburden PadRank’s systems, as determined by us in our sole discretion;
• Will not disclose sensitive personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code;
• Will not otherwise reproduce, modify, distribute, decompile, disassemble, reverse-engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of PadRank and or Services;
• Will not use the Services in any way that is unlawful, or harms, its service providers, suppliers or any other user; and
• Will not perform automated queries including screen and database scraping, spiders, robots, etc. unless you have received express permission from PadRank. As a limited exception, publicly available search engines may query the Services and provide an index with links to the Services' web pages.

6. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a PadRank product or service violates your copyright, please notify us in accordance with PadRank’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PadRank or others.

Digital Millennium Copyright Act (DMCA) Notice

Our Services follow the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If you believe your copyrighted material is being infringed on our Website, please contact us immediately at the following address:

Our address: PO Box 453016, Los Angeles, CA 90045

Or email us at: email address: [email protected]

In order for us to respond, you must provide us notice in a form that substantively complies with the safe harbor provisions of the DMCA. Your notice of claimed infringement must be a written and include ALL of the following:

• a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
• c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• d) Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
• e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
• f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not provide a written notice that meets these elements, we will not honor your request and are not required by law to do so.

7. Intellectual Property

The Services and its entire contents, features, and functionality are owned by PadRank. These Terms permit you to use only for personal use and not for commercial use. Agreement does not transfer from PadRank to you or third party intellectual property, and all right, title text-dark, and interest in and to such property will remain (as between the parties) solely with PadRank. PadRank logo, and all other trademarks, service marks, graphics, and logos used in connection with PadRank.com or our Services, are trademarks or registered trademarks of PadRank or PadRank’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce, sell, resell, license, sublicense, transfer, assign, distribute, copy, modify, create derivative works of, or otherwise use any PadRank or third party trademarks. Duplication of Services, including PadRank SuperScore, is strictly prohibited.

8. Feedback or Ideas

Any ideas, content, feedback, or comments, submitted or expressed to PadRank, will be deemed as sole property of PadRank and entitle text-darkd to unrestricted use without any compensation to you. We will not be liable for any use or disclosure of comments.

9. Links to Third Party Websites

You agree and understand that PadRank’s website contain links to third-party websites that we do not endorse, control or maintain. You acknowledge and agree that we are not responsible or liable for your use of such products, websites or applications. Your correspondence and business dealings will be solely between you and the third party. You agree to use any third party service at your own risk.

10. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. You agree and understand that these Terms may be modified at any time without prior notice. You agree to review the Terms periodically so that you are aware of any modifications. Services, including PadRank SuperScore, for a specific location, may change at any time and for any reason, including to changes or updates on data sources utilized in or algorithm. If you disagree with our changes, you should stop using our Services. Your continued use of our Services after any modifications indicates your acceptance of the modified Terms and Services. Any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any PadRank policy or is in any way harmful or objectionable, (ii) ask you to terminate your Services, if we believe your bandwidth usage is out of hand and burdens our systems, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.

If you wish to terminate the Agreement or your PadRank.com account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

Our Services are provided “as is” and “as available” basis. PadRank and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PadRank, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

13. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Los Angeles County, California.

14. Arbitration Agreement

You agree to contact us using contact information submittal link under Contact Us We will try to resolve any and all general disputes arising out of these Terms informally. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitle text-darkd to costs and attorneys’ fees. We or you may bring a lawsuit for injunctive or other equitable relief in Los Angeles County, California to prevent threatened or actual misappropriation, violation, or infringement of intellectual property rights, copyrights, patents, trademarks and trade secrets. No class actions. You understand and agree that by entering into these terms and/or agreement that you and company are waiving the rights to trial by jury and rights to participate in a class arbitration, class action and collective, consolidated and representative actions.

15. Limitation of Liability

In no event will PadRank, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use. PadRank shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. The Services, including website and site contents are provided in “as is” condition. You use our Services at your own risk. You are responsible for verifying and confirming the accuracy, reliability, and content of any and all data obtained by you from PadRank’s content and Services. No advise or information, oral or written, obtained by PadRank will create any warranty. You will not be entitle text-darkd to recover from PadRank for any indirect, consequential, punitive or special damages, based on contract or TORT, or arising from related use.

16. Indemnification

You hereby agree to release, indemnify, defend, and hold harmless PadRank, its contractors, and its licensors, service providers, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any activities conducted through your or another user’s account.