Terms of Service
Don’t be afraid, we’re not out to get you. Yes, it’s a big, ugly heap of text, but we’ve tried to make it readable. If you have any questions about the content of this page, please contact us.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Whitespark, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Whitespark.ca Account and Site. If you create an account on the Website, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your comments or accounts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Whitespark may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Whitespark liability. You must immediately notify Whitespark of any unauthorized uses of your account or any other breaches of security. Whitespark 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.
- Responsibility of Contributors.If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Whitespark or otherwise.
By submitting Content to Whitespark for inclusion on our Website, you grant Whitespark a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog. If you delete Content, Whitespark will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Whitespark has the right (though not the obligation) to, in Whitespark’s sole discretion (i) refuse or remove any content that, in Whitespark’s reasonable opinion, violates any Whitespark policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Whitespark’s sole discretion. Whitespark will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Any of our paid software available on the Website (any such services, or plans). By selecting a Software Subscription you agree to pay Whitespark the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
- Automatic Renewal.
Unless you cancel before the end of the applicable subscription period, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you. Your Subscription can be canceled at any time in the Account section of your profile.
- General Terms.
- Whitespark Tools/Software
- Fees; Payment. By signing up for a Whitespark subscription you agree to pay Whitespark the setup fees and monthly fees indicated by the said subscription plan in exchange for the services listed. Applicable fees will be invoiced starting from the day your Subscription is established and in advance of using such services. Whitespark reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your subscription can be canceled by you at anytime.
- Support. Paid Subscription accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Whitespark to respond within one business day) concerning the use of the Tool/Software in question. “Priority” means that support for VIP Services customers takes priority over support for users of the standard, free Whitespark accounts. Account support will be provided in accordance with Whitespark standard practices, procedures and policies.
- Refund Policy. No refunds. As you get immediate access to the tool and use our resources, we do not offer refunds on any of our Paid accounts.
- Cancelling Your Account. You can cancel any Whitespark subscription at any time. Here’s how:
- Log in to your account.
- Click “details” beside the plan name you wish to cancel.
- Click the link to “Cancel My Subscription” on the right side of the screen and follow the instructions.
When you cancel, your access to the plan features will still be available until your existing subscription expires. For example, if you sign up at the beginning of the month for a monthly subscription, then cancel mid month, you’ll still be able to access the features of your account until the end of the month.
- Responsibility of Website Visitors. Whitespark has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Whitespark does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Whitespark disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Whitespark.ca links, and that link to Whitespark.ca. Whitespark does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Whitespark does not represent or imply that it endorses such website or webpage. 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. Whitespark disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Intellectual Property. This Agreement does not transfer from Whitespark to you any Whitespark or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Whitespark. Whitespark, Local Citation Finder, Local rank Tracker, Review Handout Generator, Google Review Link Generator, Offline Conversion Tracker, Whitespark.ca, the Whitespark.ca logo, and all other trademarks, service marks, graphics and logos used in connection with Whitespark.ca, or the Website are trademarks or registered trademarks of Whitespark or Whitespark’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Whitespark or third-party trademarks.
- Changes. Whitespark reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Whitespark may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Whitespark may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Whitespark.ca account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Whitespark account, such account can only be terminated by Whitespark if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Whitespark’s notice to you thereof; provided that, Whitespark can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Whitespark 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 Whitespark nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
- Limitation of Liability. In no event will Whitespark, or its suppliers or licensors, be liable with respect to any subject matter of this 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Whitespark under this agreement during the twelve (12) month period prior to the cause of action. Whitespark 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.
- Indemnification. You agree to indemnify and hold harmless Whitespark, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Whitespark and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Whitespark, or by the posting by Whitespark of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Alberta, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Canada. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Whitespark may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.