{"id":928,"date":"2019-03-20T08:56:45","date_gmt":"2019-03-20T08:56:45","guid":{"rendered":"https:\/\/zankovich-com.sr-srv.net\/ital\/?page_id=928"},"modified":"2024-02-23T17:47:13","modified_gmt":"2024-02-23T17:47:13","slug":"terms-of-services","status":"publish","type":"page","link":"https:\/\/seranking.com\/it\/legal\/terms-of-services.html","title":{"rendered":"Terms of Services"},"content":{"rendered":"\n
\n
\n

Last Updated: December 27, 2023<\/p>\n <\/div>\n<\/div>\n

<\/div>\n\n\n\n

These Terms Of Services, Including The Order Form Filled Out In Connection With The Online Forms Filled Out In The Account Set-Up Process, Which By This Reference Is Incorporated Herein (This \u201cAgreement\u201d), Is A Binding Agreement Between SE Ranking Company Identified At Section 13 Of This Agreement (\u201cProvider\u201d) And The Person Or Entity Identified On The Account Set-Up Process As The Customer Or End User (\u201cCustomer\u201d). Provider And Customer May Be Referred To Herein Collectively As The \u201c<\/strong>Parties\u201d<\/strong> Or Individually As A \u201c<\/strong>Party.\u201d<\/strong>
<\/p><\/p>\n\n\n\n

You\u2019ll find simple explanations of our Terms of Services in these boxes, but keep in mind only the Terms of Services outside these boxes are legally binding.<\/strong><\/em><\/p><\/p>\n\n\n\n

Provider makes its search engine optimization software-as-a-service solution (the \u201cServices\u201d) available through its website(s) solely on the terms and conditions set forth below and on the condition that Customer accepts and complies with them.<\/p><\/p>\n\n\n\n

Beginning of 14 day trial leads to the acceptance of the terms<\/em><\/p><\/p>\n\n\n\n

By clicking the button to begin a 14-day free trial, or other indication of acceptance of these terms in the ordering process, the person accepting the terms (A) acknowledges and accepts these terms and the Privacy Policy<\/a> and agrees to be legally bound by them and (B) represents and warrants that they are of legal age to enter into a binding agreement, or if accepting on behalf of a corporation, governmental organization or other legal entity, that they have the right, power, and authority to enter into this Agreement on behalf of Customer and to bind Customer to its terms. If you do not agree to the terms of the Agreement, the Provider will not and does not make the Services available to you and you should not use the Services.<\/p><\/p>\n\n\n\n

    \n
  1. Definitions.\n
      \n
    1. \u201cAggregated Statistics\u201d means data and information related to Customer\u2019s use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.<\/span><\/li>\n\n\n\n
    2. \u201cAuthorized User\u201d means Customer\u2019s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. For clarity, any use of the Services by an Authorized User shall be considered use by the Customer.<\/span><\/li>\n\n\n\n
    3. \u201cCustomer Content\u201d means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.<\/span><\/li>\n\n\n\n
    4. \u201cEffective Date\u201d means the date Customer sets up a trial account, or the date the on which Customer completes the purchase forms and Customer pays the applicable Fees (as defined below) for a paid subscription.<\/span><\/li>\n\n\n\n
    5. \u201cProvider IP\u201d means the Services, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider\u2019s monitoring of Customer\u2019s access to or use of the Services, but does not include Customer Content.<\/span><\/li>\n<\/ol>\n<\/li>\n\n\n\n
    6. Access and Use.  \n
        \n

        24\/7 access to the Service<\/em><\/p>\n

      1. Subject to the terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 12(7)) right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer\u2019s internal use. The Customer is granted access to the Service 24\/7 except for when technical maintenance is performed or when emergency maintenance is required to eliminate failures or malfunctions from the Service.<\/span><\/li>\n\n\n\n

        Use the services appropriately, for their initial purpose only<\/em><\/p>\n

      2. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.<\/span><\/li>\n\n\n\n

        Access to the Services may be suspended for just cause without refund to the Customer<\/em><\/p>\n

      3. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer\u2019s access to any portion or all of the Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer\u2019s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider\u2019s provision of the Services to Customer is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider\u2019s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5(1)(iii) (any such suspension described in subclause (i), (ii), or (iii), a \u201cService Suspension\u201d). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension.<\/span><\/li>\n\n\n\n

        Monitor use of the Services to collect aggregated statistics<\/em><\/p>\n

      4. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer\u2019s use of the Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider.<\/span><\/li>\n\n\n\n

        All rights remain with the Provider<\/em><\/p>\n

      5. Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP.<\/span><\/li>\n\n\n\n

        Login and password to access the Services<\/em><\/p>\n

      6. In order to use the Service, the Customer agrees to provide reliable and full information about himself \/ herself on the registration form and in the private site cabinet and shall keep this information up to date. Upon completion of the registration process the Customer may use the selected login (unique character name of your customer account) and password to access personalized area of the SE Ranking Service. 
        The login must not infringe on generally accepted norms and should not look offensive towards other Customers.<\/span><\/li>\n\n\n\n

        One login from one place from one IP address<\/em><\/p>\n

      7. If the Provider detects repeated access to the Service under the same login from various locations, devices and IP addresses, the Provider may immediately suspend access to the Service for the relevant Customer and Customers connected with him\/her. In order to control compliance with the above-mentioned restrictions, the Provider does not allow technical possibility of simultaneous access to the Service from different devices and IP addresses under the same login.<\/span><\/li>\n\n\n\n
      8. By registering in the Services the Authorized User consents to receive e-mails from the SE Ranking Service. These e-mails include: informational newsletters about the Service\u2019s promotions, e-mails with the reports on the SERPs and the Service analysis and technical and marketing e-mails. The Authorized User may unsubscribe from receiving newsletters at any time.<\/span><\/li>\n\n\n\n
      9. The Authorized User may create Projects after the registration in the Service. A \u201cProject\u201d consists of a website URL, a set of the keywords and a number of Search Engines, on which tracking, control and analysis are performed.<\/span><\/li>\n<\/ol>\n<\/li>\n\n\n\n
      10. Customer Responsibilities.\n
          \n

          Full customer\u2019s responsibility for the use of services<\/em><\/p>\n

        1. Customer is responsible and liable for all uses of the Services resulting from access provided by Customer to Authorized Users, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all activity under Customer\u2019s login credentials or any Authorized User login credentials.<\/span>
          1. Once the login is chosen it may not be changed later. <\/span><\/li>
          2. The login shall be used to access the Service only by one Authorized User from one device, IP address and location at the same time.<\/span><\/li>
          3. The number of Authorized Users having access to the Service shall not exceed the limit of Authorized Users seats provided by the selected subscription plan. It is possible to add more Authorized Users seats through the Account in the Subscription section and by paying applicable fees as described therein.<\/span><\/li><\/ol><\/li>\n<\/ol>\n<\/li>\n\n\n\n
          4. Provider Rights. \n\n\n
              \n
            1. The Provider reserves the right to delete Projects unilaterally, created by the Customer if the Customer\u2019s account is not used for 60 days.<\/span><\/li>\n\n\n\n
            2. The Provider reserves the right to change \/ delete a Customer\u2019s account if the Customer\u2019s login:<\/span>
              1. Violates generally-accepted and established morality norms;<\/span><\/li>
              2. Offensive to other visitors;Contains obscene words or expressions;<\/span><\/li>
              3. Calls upon national discord;Other cases stated in the applicable legislation.<\/span><\/li><\/ol><\/li>\n\n\n\n
              4. The Provider reserves the right to block access to Projects Customer creates in case of Customer\u2019s untimely payment. Three days after the service payment is overdue the rankings updates may be halted. 60 days after the Subscription payment is overdue Customer\u2019s Projects are subject to deletion from the system. <\/span><\/li>\n\n\n\n
              5. The Provider reserves the right to change, update the contents and functionality of the Service including changing its interface at any time with no prior notice to the Customer of any material change.<\/span><\/li>\n\n\n\n
              6. The Provider reserves the right to pause the Service work to carry out maintenance and repair works and in case of emergencies. Provider shall notify the Customer in advance of such suspension by placing relevant information in the Service.  <\/span><\/li>\n\n\n\n
              7. The Provider is not responsible for the unlawful actions of the Customer when Customer makes payment for the paid services. The Provider reserves the right to halt or decline access to the SE Ranking Services unilaterally if there are suspicions that the Customer is involved in an unlawful action until the ascertaining of circumstances. <\/span><\/li>\n<\/ol>\n<\/li>\n\n\n\n
              8. Fees and Payment.\n
                  \n
                1. Fees. Customer shall pay Provider the fees (\u201cFees\u201d) as set forth in the applicable plan selected by Customer during the ordering process (\u201cOrder\u201d) without offset or deduction. Customer shall make all payments hereunder in any currency through the use of a third-party payment processor during the checkout process. If Customer\u2019s payment method fails during the ordering or renewal process, Provider may suspend or withdraw Customer\u2019s access to the Services until the applicable Fees are paid in full. <\/span><\/li>\n\n\n\n
                2. Upon registration in the Service the Authorized User gets a personal account that he \/ she may top up with money to cover the Service fees. Information about the type of services, costs and applied (used) bonuses of the account can be accessed in the Plans & Pricing section of the Service website. Payment of the paid services can be made either by a direct money transfer at 100% prepayment for the selected service according to the Pricing Plan or by topping-up of the account balance, further charged to cover the services costs.<\/span><\/li>\n\n\n\n
                3. If the selected type of services in the Plans & Pricing section (subscription plan) includes multiple user seats, you may give access to the Service only to the number of Authorized Users specified in the selected subscription plan, provided that each additional Authorized User agrees to comply with the Agreement<\/span><\/li>\n\n\n\n
                4. The Authorized User has the right to top up its account balance with any amount of money in order to use the paid services of the Service.<\/span><\/li>\n\n\n\n
                5. The Authorized User has the right to choose any Plan in order to use the paid services. The Authorized User must accept and cover the money transfer fees when buying a subscription for a Plan or topping up the account balance. Before making a payment the Authorized User must become familiar with the payment operators\u2019 rules.<\/span><\/li>\n\n\n\n
                6. Taxes. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider\u2019s income.<\/span><\/li>\n\n\n\n

                  Service is not refundable<\/em><\/p>\n

                7. The Customer is notified and agrees that the Provider of the Service does not refund paid or unused funds, except for cases when poor, inconsistent with the Service obligations, service is delivered or as specified by the special promotion<\/span><\/li>\n\n\n\n
                8. If Provider delivers poor service, Provider may refund the funds paid by Customer within 14 bank days in the same way the payment for the subscription or Customer’s account topping up was made.<\/span><\/li>\n<\/ol>\n<\/li>\n\n\n\n

                  5 years confidential information non disclosure<\/em><\/p>\n

                9. Confidential Information. From time to time during the Term, either Party may disclose or make available to the other Party information about its business affairs, products, confidential Intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information in written or electronic form or media, and whether or not marked, designated, or otherwise identified as \u201cconfidential\u201d (collectively, \u201cConfidential Information\u201d). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party. The receiving Party shall not disclose the disclosing Party\u2019s Confidential Information to any person or entity, except to the receiving Party\u2019s employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party\u2019s rights under this Agreement, including to make required court filings. Each Party\u2019s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.<\/span><\/li>
                  \n\n\n\n
                10. Intellectual Property Ownership; Feedback; \u201cContent Editor tool”.

                    Service is provided based on the Customer’s information<\/em><\/p>

                  1. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Content as entered into or scanned by the Services. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Content and perform all acts with respect to the Customer Content as may be necessary for Provider to provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Content incorporated within the Aggregated Statistics. Customer acknowledges that the Services are not designed to process personally identifiable, sensitive, or regulated information, and shall not enter any such information into the Services.<\/span><\/li>

                    Any feedback sent to the Provider is free for the provider<\/em><\/p>

                  2. Feedback. If Customer sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (\u201cFeedback\u201d), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer\u2019s behalf, and on behalf of its employees, contractors and\/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. Provider is not required to use any Feedback.<\/span><\/li>
                  3. Provider recognizes and agrees that Customer owns and will own all content created using the \u201cContent Editor tool\u201d, including through the \u201cAI Writer\u201d (\u201cOutputs\u201d), available in Services, including without limitation any intellectual property rights therein, if any. Provider hereby assigns to Customer all its right, title, and interest in and to Outputs, including without limitation intellectual property rights.\u201d<\/span><\/li> <\/ol> <\/li>\n\n\n\n
                  4. Intellectual Property Ownership; Feedback.<\/span>

                      Service is provided based on the Customer’s information<\/em><\/p>

                    1. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Content as entered into or scanned by the Services. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Content and perform all acts with respect to the Customer Content as may be necessary for Provider to provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Content incorporated within the Aggregated Statistics. Customer acknowledges that the Services are not designed to process personally identifiable, sensitive, or regulated information, and shall not enter any such information into the Services.<\/span><\/li>

                      Any feedback sent to the Provider is free for the provider<\/em><\/p>

                    2. Feedback. If Customer sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (\u201cFeedback\u201d), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer\u2019s behalf, and on behalf of its employees, contractors and\/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. Provider is not required to use any Feedback.<\/span><\/li> <\/ol> <\/li>\n\n\n\n
                    3. Limited Warranty and Warranty Disclaimer.\n
                        \n

                        Provider warrants only the Performance Warranty<\/em><\/p>\n

                      1. Provider warrants that the Services will materially conform with then-current product descriptions when accessed and used in accordance with the terms of this Agreement (\u201cPerformance Warranty\u201d). Provider does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified by Provider in writing. Provider\u2019s sole liability and Customer\u2019s sole remedy for any breach of the Performance Warranty shall be for Provider to make commercially reasonable efforts to bring the Services into material conformity with the Performance Warranty. In the event that Customer identifies a non-conformity, Customer must promptly notify Provider with a description of the issue and provide reasonable cooperation and assistance in helping Provider recreate or validate the issue.<\/span><\/li>\n\n\n\n

                        Customer Indemnification<\/em><\/p>

                      2. Customer shall indemnify, hold harmless, and, at Provider\u2019s option, defend Provider from and against any Losses resulting from any Third-Party Claim based on (i) Customer Content; (ii) Outputs; or (iiI) Customer\u2019s or any Authorized User\u2019s (A) negligence or willful misconduct; (B) Customer or any Authorized User\u2019s use of the Services in a manner not authorized by this Agreement; (C) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (D) modifications to the Services not made by Provider, provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.<\/span><\/li>\n\n\n\n

                        For general informational purposes only<\/em><\/p>\n

                      3. The information and results provided by the Services are for general informational purposes only.  As between Provider and Customer, Customer is responsible for assuring that the results of the are applicable or appropriate to any particular situation and jurisdiction. <\/span><\/li>\n<\/ol>\n<\/li>\n\n\n\n
                      4. Indemnification.\n
                          \n

                          Customers are compensated by Provided in case of patent issues<\/em><\/p>\n

                        1. Provider Indemnification.  Provider shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys\u2019 fees) (\u201cLosses\u201d) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (\u201cThird-Party Claim\u201d) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party\u2019s US patents, copyrights, or trade secrets, provided that Customer promptly notifies Provider in writing of the claim, cooperates with Provider, and allows Provider sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, Customer agrees to permit Provider, at Provider\u2019s sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If Provider determines that neither alternative is reasonably available, Provider may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. This Section 9 (1) will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; (B) modifications to the Services not made by Provider; or (C) Customer Content.<\/span><\/li>\n\n\n\n

                          Provider is compensated by Customer is case of issues related to customer content<\/em><\/p>\n

                        2. Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider\u2019s option, defend Provider from and against any Losses resulting from any Third-Party Claim based on (i) Customer Content; or (ii) Customer\u2019s or any Authorized User\u2019s (A) negligence or willful misconduct; (B) Customer or any Authorized User\u2019s use of the Services in a manner not authorized by this Agreement; (iCii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (D) modifications to the Services not made by Provider, provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.<\/span><\/li>\n\n\n\n

                          Legal defense for claims<\/em><\/p>\n

                        3. Sole Remedy. THIS SECTION 8 SETS FORTH CUSTOMER\u2019S SOLE REMEDIES AND PROVIDER\u2019S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.<\/span><\/li>\n\n\n\n

                          Max compensation period is 12 months<\/em><\/p>

                        4. Limitations of Liability. IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER\u2019S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.<\/span><\/li>
                          \n<\/ol>\n<\/li>\n\n\n\n
                        5. Term and Termination. \n
                            \n

                            Customers select the duration of the subscription<\/em><\/p>\n

                          1. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement\u2019s express provisions, will continue in effect until fourteen (14) days (the \u201cTrial Term\u201d). The Provider may decide unilaterally which services and functions of the Service are available to the Customer during the Trial period. Upon expiration of the Trial Term, Customer may at is option, select the length of its initial paid subscription term (\u201cInitial Term\u201d). Upon expiration of Customer\u2019s Initial Term, Customer will be notified upon login that Customer\u2019s subscription needs to be renewed, and Customer may select the length and details of any renewal term (\u201cRenewal Term\u201d and together with the Initial Term and Trial Term, the \u201cTerm\u201d).<\/span><\/li>\n\n\n\n
                          2. Termination. In addition to any other express termination right set forth in this Agreement: