3. Customer Accessible Portions of Site. Certain portions of the Site are accessible only via password to existing BrightEdge customers. If you are not a BrightEdge customer you may not access or attempt to access these portions of the Site. If you open an account via an online registration process, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BrightEdge immediately of any unauthorized use of your account or any other breach of security. BrightEdge will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BrightEdge or another party due to someone else using your account or password.
4. Reservation of Rights. The Site is the intellectual property and copyrighted work of BrightEdge and/or its licensors. Functionality available through the Site is also patent-pending. All rights, title and interest not expressly granted with respect to the Site are reserved. All content provided through the Site is provided on an "As Is" and "As Available" basis.
5. Links to Third Party Sites. The Site may provide links to third party web sites. BrightEdge is not responsible for third party content, products or services provided on or through such third party web sites and you bear all risks associated with the access and use of such web sites and third party content, products and services.
6. User Provided Material. You grant BrightEdge and its affiliates and assignees a worldwide, perpetual right and license to use in any medium all information and material you submit to or through the Site, including without limitation, all blog comments.
8. Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHTEDGE 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. BRIGHTEDGE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. BRIGHTEDGE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
BRIGHTEDGE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
9. Limitation of Liability. IN NO EVENT SHALL BRIGHTEDGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
11. Minors. This Site is not directed to minors, minors are not eligible to use the Site and we ask that they do not submit any information to us.
12. Applicable Laws. All matters relating to your access to, and use of, the Site and content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and BrightEdge agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. Copyright/Trademark. BrightEdge, the BrightEdge logo, SEO XRAY and Ad DNA are trademarks of BrightEdge Technologies, Inc. Other names appearing on the Site may be trademarks of their respective owners.
Last Updated: February 9, 2010