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Terms of Use

Updated on: April 27, 2011

Plug in SEO is a service provided by Pemberton Rank Ltd.

Please carefully read these Terms of Use (“Terms of Use”) before using the Pemberton Rank Ltd. Services (as defined below), as they affect your legal rights and obligations. These Terms of Use govern your use of the Services. By accessing, using or registering for or receiving Services offered on the Website, you agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES.

These Terms of Use apply as between you, the User (“User” or “you” or “your”) of Services provided therein and Pemberton Rank Ltd (“Pemberton Rank Ltd.” or “we”, “our” or “us”, the owner(s) of the Services and this Website. Your agreement to comply with and be bound by these Terms of Use and to grant any and all licences required is deemed to occur upon your acceptance of these Terms of Use prior to your first use of the Services.

1. Definitions


In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access the Services through the Web Site;
“Agreement” means the binding agreement that shall come into effect between the User and Pemberton Rank Ltd. following the User’s acceptance of these Terms of Use and which shall incorporate these Terms of Use;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Services” means collectively the online facilities, tools, services or information that Pemberton Rank Ltd. makes available through the Website either now or in the future;
“Submission” means any materials provided by you to Pemberton Rank Ltd., including by not limited to URLs and keywords, in the course of using the Services;
“User Website” means the website referred to by the URL supplied by the User in creating their Account;
“Website” means the website on which these Terms of Use appear (pluginseo.com) and any sub-domains (e.g. my.pluginseo.com) of that website unless expressly excluded by their own Terms of Use.


2. Interpretation

  1. Unless the context otherwise requires, each reference in these Terms of Use to:
    1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    2. a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    3. a Clause or paragraph is a reference to a Clause of these Terms of Use.
  2. The headings used in these Terms of Use are for convenience only and shall have no effect upon the interpretation of these Terms of Use.
  3. Words imparting the singular number shall include the plural and vice versa.
  4. References to any gender shall include the other gender.


3. Changes to the Services and the Terms of Use


Pemberton Rank Ltd. reserves the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the updated Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure you are aware of any changes we may have made to these Terms of Use. Your continued use of the Services constitutes your acceptance of the new Terms of Use.

4. Provision of Services

  1. Pemberton Rank Ltd. shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.
  2. Notwithstanding sub-Clause 4.1, Pemberton Rank Ltd. does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
  3. Pemberton Rank Ltd. shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.


5. Access to Services

  1. You represent and warrant that you have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions. If you are unable to comply with these requirements you must not use the Services and must not accept these Terms of Use.
  2. In order to use the Services, you are required to create an Account and to submit certain personal and/or business details. By accepting these Terms of Use you represent and warrant that:
    1. any information that is submitted is accurate and truthful;
    2. all such information will be kept accurate and up-to-date;
    3. the means by which you identify yourself does not violate any part of these Terms of Use or any applicable laws; and
    4. Pemberton Rank Ltd. may use the email address supplied in such information to contact you with notices as described in this Agreeement;
  3. You agree to accept responsibility for all activities that occur under your Account or password, and agree you will not sell, transfer or assign your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Website using your Account.


6. Subscriptions, Refunds and Cancellations

  1. There isn't a subscription fee levied at present. Pemberton Rank Ltd. may levy such a fee, given 30 days notice. Should the user of services not wish to pay, they will be given the opportunity to cancel within the 30 day period following notification without any charge being made for services provided up until the end of the 30 day period.


7. Use of Services

  1. Users are permitted to use the Services only in accordance with:
    1. these Terms of Use; and
    2. any relevant law, regulation or other applicable instrument in their particular jurisdiction.
  2. Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by Pemberton Rank Ltd.. Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.
  3. Users may not engage in any conduct that may disrupt provision of the Services by Pemberton Rank Ltd..
  4. Subject to any express agreement to the contrary, Users may not reproduce, copy, duplicate, trade or resell the Services.
  5. Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Pemberton Rank Ltd.’s discretion.


8. Intellectual Property

  1. All content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, and any suggestions, ideas, enhancement requests, feedback or other information provided by you is the property of Pemberton Rank Ltd., our affiliates or other relevant third parties. By accepting these Terms of Use the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  2. Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Pemberton Rank Ltd..


9. User Submissions

  1. By providing your Submission you are granting to Pemberton Rank Ltd., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our business, and you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide the Submission and to grant the license described in sub-Clause 9.3.
  2. Pemberton Rank Ltd. accepts no responsibility or liability for any infringement of third party rights by such Submission.
  3. By accepting these Terms of Use, the User grants a non-exclusive, worldwide, perpetual licence to Pemberton Rank Ltd. to copy, distribute, transmit and reformat all Submissions for the purpose of providing the Services.


10. Fair Use of Intellectual Property


Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.

11. Links to Other Websites


This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Pemberton Rank Ltd. or that of our affiliates. Pemberton Rank Ltd. assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.

12. Privacy


Use of the Website and the Services is also governed by Pemberton Rank Ltd.’s Privacy Policy at pluginseo.com which is incorporated into these Terms of Use by this reference.

13. Disclaimer of Warranties

  1. Pemberton Rank Ltd. makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
  2. Pemberton Rank Ltd. shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Pemberton Rank Ltd. makes no warranty or representation that this will always be the case. Pemberton Rank Ltd. makes no guarantee of any specific results from the use of the Website or the Services.
  3. Pemberton Rank Ltd. makes no representation or warranty that the Website or the Services or any Content therein constitutes accurate data and / or advice on which business decisions can be based.
  4. Whilst every effort has been made to ensure that all descriptions of Services available from Pemberton Rank Ltd. correspond to the actual services available, Pemberton Rank Ltd. is not responsible for any variations from these descriptions.


14. Availability of the Website and the Services

  1. The Website and the Services are provided “as is” and on an “as available” basis. Pemberton Rank Ltd. gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Pemberton Rank Ltd. provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. Pemberton Rank Ltd. accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.



15. Limitation of Liability


Pemberton Rank Ltd.’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms of Use shall be limited to the value of the User’s subscription prevailing at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, Pemberton Rank Ltd. accepts no liability. Users should be aware that they use the Website, the Services and all relevant Content at their own risk.

16. Term and Termination

  1. The term of the Agreement shall commence upon the User’s acceptance of these Terms of Use and shall continue until terminated either by the User or by Pemberton Rank Ltd. in accordance with this Clause 16.
  2. If a User wishes to terminate the Agreement they may do so by:
    1. Closing their Account; or
    2. Informing Pemberton Rank Ltd. in writing that they wish to terminate this Agreement.
  3. Pemberton Rank Ltd. reserves the right to terminate the Agreement, a User’s Account and a User’s access to the Services at any time for the following reasons:
    1. The User has committed a material breach of these Terms of Use, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the User fails to remedy the breach within 14 days after a written notice to do so;
    2. The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these Terms of Use;
    3. Pemberton Rank Ltd. is required to do so by law;
    4. It has become, in the opinion of Pemberton Rank Ltd., its affiliates or advisers, no longer commercially viable to continue providing the Services;
    5. Pemberton Rank Ltd. is no longer providing the Services in the User’s country of residence;
  4. Pemberton Rank Ltd. reserves the right to terminate the Agreement with 30 days notice if the users use of services puts an unreasonable strain on resources.
  5. If Pemberton Rank Ltd. terminates a User’s Account as a result of the User’s breach of these Terms of Use the User will not be entitled to any refund.
  6. In the event that Pemberton Rank Ltd. terminates a User’s Account or subscription, the User will cease to have access to the Services from the date of termination.
  7. In the event that the Agreement is terminated, the User’s Account will be closed and their access to the Services suspended. Any Submissions that the User has submitted or created will become inaccessible to all Users from the date on which the Services become inaccessible, however copies may be retained by Pemberton Rank Ltd. unless explicitly requested by User.
  8. Upon termination of the Agreement, the User shall cease to be bound by all obligations set out in these Terms of Use with the exception of those expressly stated to survive the termination of the Agreement.


17. No Waiver


In the event that either the User or Pemberton Rank Ltd. fails to exercise any right or remedy contained in these Terms of Use, this shall not be construed as a waiver of that right or remedy.

18. Assignment


Users may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of Pemberton Rank Ltd., such consent not to be unreasonably withheld.

19. Severance


Whilst every effort has been made to ensure that these Terms of Use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

20. Entire Agreement


These Terms of Use embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor Pemberton Rank Ltd. shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms of Use, save for any representation made fraudulently.

21. Notices and contact information


All notices / communications shall be sent to and by Pemberton Rank Ltd. either by post to our premises (6 Third Avenue, Waltham Abbey, Essex, EN9 2AP, United Kingdom) or by email to hello@pluginseo.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

  1. These Terms of Use, the Agreement and all other aspects of the relationship between the User and Pemberton Rank Ltd. shall be governed by and construed in accordance with the Laws of England and Wales.
  2. Any dispute between the User and Pemberton Rank Ltd. relating to these Terms of Use, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.