Terms of Service

1. Your Account

1. If you are age 16 or older, you may access the SiteRemark site. However, until you reach 18 years old (or the legal age to form a binding contract in the place where you live, if that age is not 18), then your use of SiteRemark must be under the supervision of your parent or guardian who has agreed to the Terms of Service. If you do not qualify in one of these ways, you may not use the site.
2. SiteRemark can refuse registration of, or cancel an account in its discretion, at any time.
3. Your account will be accessed through a user ID and password that you will create (your "Account Login Information"). These are solely for your personal use. You are responsible for maintaining the confidentiality of your Login Information, and you are fully and solely responsible for all activities that occur under your account. It is up to you to take adequate precautions with your account, and to immediately notify SiteRemark of any unauthorized use of your account.
4. Using your account, you may access and utilize the SiteRemark site, including viewing, posting and responding to communications on SiteRemark.

Account Terms

1. The Company can refuse registration or cancel an account in its sole discretion at any time.
2. You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.
3. You may not register accounts with unauthorized automated methods ("bots").
4. You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
5. You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
6. You may not exploit the Service to access unauthorized information.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. If you initially sign up for a paid account, and you don't cancel that account within 15 days, you will be billed monthly starting on the 15th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 15th day, you will not be charged.
3. An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of features or capacity of your Account. The Company does not accept any liability for such loss.

Cancellation and Termination

You may cancel your subscription at any time by clicking the "Change Plan" link from your account dashboard and downgrading to a Free plan. This will not delete any of your account data, but will switch you to the free plan and disable administrative access for your account. Should you wish to permanently delete all pages and feedbacks associated with your account, please contact us.

1. The Company reserves the right to suspend or terminate your account at any time for any reason, and is not liable for any damage or loss resulting from such suspension or termination.

Modification to Service and Fees

1. The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.

The Company reserves the right to modify any prices of the Service (such as the subscription fees). The Company agrees to provide 30 days notice of any price change, posted to the Service or emailed to all active Account Holders.

2. Content and Intellectual Property

1. If you post your own text, images or other audiovisual information (collectively, "Content") on the SiteRemark site, that Content still belongs to you, and you can use it in any other way without restriction. Content posted by another person or company belongs to the poster, and you can only use that Content in the ways described in these Terms of Service.
2. In order to operate the SiteRemark site, SiteRemark needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the SiteRemark site, you agree to grant SiteRemark.com and SiteRemark, LLC an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the SiteRemark site and on services affiliated with SiteRemark regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content to the SiteRemark site, then you hereby represent and warrant that you have the right to post that Content and to grant the above rights to SiteRemark.
3. In addition to viewing the Content on the SiteRemark site, in the future you may be able to access and use the Content on the SiteRemark site for certain other purposes through the use of SiteRemark's application programming interfaces ("APIs"). SiteRemark has not released APIs yet, but these Terms of Use will be updated when the APIs are available.
4. SiteRemark owns the SiteRemark site as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the SiteRemark site, and the combination of all the elements on the site. All slogans and titles are service marks owned by SiteRemark, LLC. The SiteRemark as a whole, the computer code of the SiteRemark site, the user interface and graphic elements are all copyrighted works of SiteRemark. Various other aspects of the SiteRemark site may be protected by intellectual property laws including copyright, trademark, patent and trade secrets.

3. Code of Conduct

1. SiteRemark has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the SiteRemark site. SiteRemark also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content.
2. SiteRemark will use common sense and business sense regarding allowable Content on the site.
3. Examples of unacceptable Content or behavior on the SiteRemark site include
• abuse, harassment, threats, flaming or intimidation of any person or organization
• engaging in or contributing to any illegal activity or activity that violates others' rights
• use of derogatory, discriminatory or excessively graphic language
• providing information that is false, misleading or inaccurate
• hacking or modifying the SiteRemark site or another Web site to falsely imply an association with SiteRemark
• implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
• transmitting worms, viruses or harmful software
• sending unwanted messages to other users (aka Spam)
• disclosing personal or proprietary information of another person or organization
4. SiteRemark cannot and need not control all Content posted by third parties to the SiteRemark site, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SiteRemark site you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will SiteRemark be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the flagging feature by clicking the "Inappropriate" link attached to every topic post and reply or email us directly at support@siteremark.com. Urgent issues can be reported to 911@siteremark.com.
5. Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you, other than viewing of the Content on the SiteRemark site and use of the Content through such APIs as SiteRemark may make available.

8. You do not have any rights to the SiteRemark site that have not been granted to you expressly. By way of example only, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the SiteRemark site, and you do not have the right to index or aggregate any portion of the SiteRemark site (either by hand or by means of a robot, spider, or other device).

9. SiteRemark respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to SiteRemark's copyright agent:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
10. SiteRemarks's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
11. By mail: Copyright Agent SiteRemark, LLC. 4339 Lariat Lane Grand Island, NE 68803 By phone: (308) 380-5740 By email: info@siteremark.com

4. General Terms

1. These Terms of Service will remain in full force and effect while you use the SiteRemark. Those terms that can continue to operate after you stop using the SiteRemark site (including without limitation your Content license to the SiteRemark site and the General Terms in this Section), will survive after you stop using the SiteRemark site.
2. You agree to indemnify and hold SiteRemark, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the SiteRemark site, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the SiteRemark site, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
3. Our lawyers have told us that the following disclaimer must be written in conspicuous language, so here goes: THE SITEREMARK SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SITEREMARK SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITEREMARK SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SITEREMARK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, SITEREMARK AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED ON THE SITEREMARK SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SITEREMARK DOES NOT WARRANT THAT THE SITEREMARK SITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITEREMARK SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SITEREMARK OR THE SITEREMARK SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
4. SITEREMARK AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITEREMARK'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE SITEREMARK SITE FOR ACCESS TO THE SITEREMARK SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

These Terms of Use (including the Privacy Policy) are the entire agreement between SiteRemark and you regarding the SiteRemark site. Any dispute arising from or related to these Terms of Use will be governed by the laws of the State of Nebraska without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Lincoln, Nebraska, and you agree to the personal jurisdiction of those courts for such purposes. The failure of SiteRemark to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.