SEOquake Terms of Service Agreement
Last updated on May 11, 2016
The Toolbar Service
The Toolbar Service is free downloadable software that allows users to receive certain enhanced information about web pages and websites while browsing the Internet. The Toolbar Service is currently available for Firefox, Opera, and Google Chrome browsers for SEOquake and Opera, Google Chrome and Safari for SEOquake Lite, and may be made available for other browsers, or ceased to be made available for any of the abovementioned browsers, at Semrush’s sole discretion.
The Toolbar Service enables you to view certain parameters for certain webpages and websites. The specific webpages and websites for which certain parameters are available for viewing through the Toolbar Service, are determined by Semrush at its sole discretion. Thus, the parameters may be available for viewing for one website or webpage, but not for another website or webpage.
The parameters available for viewing may include, among others, features provided by Semrush, as well as third party data from operators such as Google, Alexa, Bing, etc. You agree that the list of those parameters and third party operators whose data is made available for viewing through the Toolbar Service is determined at Semrush’s sole discretion at each point of time. You also accept and agree that Semrush does not bear any responsibility neither for the accuracy of the third party data, nor for the availability of third party data and/or functionality of third party data provision services. You agree, among other things, that at times such third party data may be unavailable for viewing due to circumstances out of Semrush’s control.
Adding User-Written Parameters to the Toolbar Service
Semrush may provide to users an opportunity to add parameters into the Toolbar Service. To be able to do so, you agree to follow the instructions contained on SEOquake website www.seoquake.com. You understand and agree that we cannot be held responsible for the functionality or compatibility of such parameters, nor do we bear any responsibility for your success or failure in adding such additional parameters. It is your responsibility that the parameters you add and any and all information or data contained therein comply with all applicable legal norms and regulations and do not violate any third parties rights and/or interests.
Intellectual Property. The Toolbar Service, the domain name www.seoquake.com and the contents of the website www.seoquake.com, and all materials relating to them, including images, text, illustrations, logos, audio and video files, graphics, metadata, design, organization, compilation, look and feel, advertising are protected by copyrights, trademarks, service marks, trade secrets or other proprietary rights which are owned by Semrush or its affiliates. The compilation (meaning the collection, arrangement, and assembly) of all materials of the Toolbar Service is the exclusive property of Semrush and protected by U.S. and foreign laws and international treaties. Material from the Toolbar Service and/or website www.seoquake.com and from any other service owned, operated, controlled, or licensed by Semrush may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way other than in compliance with this Agreement. Use or modification of Semrush's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization, is a violation of Semrush's proprietary rights and is strictly prohibited.
Trademarks and Service Marks. Semrush and Seoquake are registered trademarks or service marks owned by Semrush or its affiliates in the United States and other countries. Other SEOquake graphics, logos, page headers, button icons, scripts is trade dress of Semrush or its affiliates, in the United States and other countries. Neither trademarks/service marks/trade dresses may be used in connection with any product or service that do not belong to Semrush or its affiliates, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Semrush or its affiliates.
Software License. Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Semrush grants you a limited, personal, worldwide, royalty-free, non-assignable, non-transferrable and non-exclusive license to make personal use of one copy of the Toolbar Service and underlying software per web browser on a single computer by one person at a time. Any and all other uses are expressly excluded, and Semrush reserves all rights to the software not expressly granted by this Agreement, whether by implication, estoppel, or otherwise. Inter alia, you may not copy, modify, publish, transmit, make derivative works, distribute, transfer, sell, resell, assign, lease or use for commercial purposes other than in connection with the use of the Toolbar Service as permitted under this Agreement any part of the Toolbar Service or included software, nor may you reverse engineer, attempt to extract the source code of the software, circumvent or bypass any technological protection measure in or relating to the software or Toolbar Service, separate components of the software or Toolbar Service for use on different devices, disassemble, decompile, decrypt, hack, emulate, exploit any software or other aspect of the Toolbar Service that is included in or accessible through the Toolbar Service. Any unauthorized use terminates the license granted to you by Semrush in this paragraph.
You agree that the Toolbar Service software may update automatically once a new version or feature is available. You may also be required to update the software to continue using the Toolbar Service. Such updates are subject to these Terms of Service unless other terms accompany the updates, in which case, the other terms apply. You agree that Semrush isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
The software that is part of the Toolbar Service may include third-party code. Any third-party scripts or code are licensed to you by the third parties that own such code, not by Semrush. Notices, if any, for the third-party code are included for your information only.
You agree to defend, indemnify, and hold harmless Semrush and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any and all claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Toolbar Service by you, or arising out of data you submit, transmit, or make available through the Toolbar Service, or your violation of any rights of third parties including but not limited to third parties intellectual property rights, or by any other person using the Toolbar Service through you or using your computer.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THE TOOLBAR SERVICE IS PROVIDED STRICTLY ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. SEMRUSH AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE TOOLBAR SERVICE OR ANY CONTENT. INTER ALIA, SEMRUSH AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE TOOLBAR SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ANY AVAILABLE DATA WILL BE ACCURATE OR RELIABLE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR PROGRAMS THAT MAKE THE TOOLBAR SERVICE AVAILABLE ARE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, SEMRUSH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
SEMRUSH AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE SEMRUSH AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT OR THE TOOLBAR SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF SEMRUSH OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE DOWNLOADED UNDER THIS AGREEMENT IS DONE AT YOUR OWN 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 SUCH SOFTWARE AND/OR CONTENT.
THE TOOLBAR SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SEMRUSH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEMRUSH OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF USE OF THE TOOLBAR SERVICE BY ANY PERSON, OR ANY INABILITY TO USE THE TOOLBAR SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE TOOLBAR SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. Any dispute relating in any way the Toolbar Service, your use of website www.seoquake.com, or this Agreement, shall be adjudicated in any state or federal court in Philadelphia, Pennsylvania, USA, and you consent to exclusive jurisdiction and venue in such courts.
As a result of the global character of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content, including, without limitation, all applicable laws regarding obscene and indecent content and communications, and protection of intellectual property.
Changes to Toolbar Service
Semrush may change the Toolbar Service and elements thereof from time to time, with or without notice to you, by adding, modifying, suspending, or discontinuing features of the Toolbar Service. Semrush reserves the right to cancel, suspend, or block your access to the Toolbar Service at its sole discretion for violations of this Agreement, or for any other reason and without notice, and access to the Toolbar Service is dependent upon you complying with any applicable laws and this Agreement.
If any provisions of this Agreement shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Semrush’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Semrush's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
This Agreement is in English language that prevails over any translations of it to other languages, which could be made by us and provided to you for your convenience. The Toolbar Service is designed in English language and its translations into other languages may contain inaccuracies of any kinds for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk.
Seoquake® and Semrush® are trademarks and service marks of Semrush, Inc. or its affiliates. Copyright © 2017 Semrush, Inc. Any rights not expressly granted herein are reserved.