1. Terms

CanIRank is a website application operated by Open Development, Inc. ("Open Development", "us", "we", "service", "website"). This document describes the terms and conditions of allowable usage of the website and associated services.

By accessing this website and/or utilizing the service, you are agreeing to be bound by these website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

You acknowledge that the website and application constitutes valuable trade secrets and/or the confidential information of Open Development or its licensors. Permission is granted to temporarily download one copy of the materials (information or media) on Open Development's website for personal, non-commercial transitory viewing only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the website. You are responsible for maintaining the confidentiality of your website password and account, and are responsible for all activities that occur thereunder. One person or legal entity may not maintain more than one free account.

This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Open Development's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.
• license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the website or any information, documents, software, products and services contained or made available to you in the course of using the website;
• restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the website
• create or use any program, tags, markers, bots, mousetraps, hijackers or other similar computer routines to automatically access or manipulate the website

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Open Development at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Open Development's website, advice provided by Open Development representatives, and consulting services are provided "as is" with no warranty of any kind. Software recommendations and reports are provided on an informational basis only, and are not intended to be a replacement for expert advice. Search engine algorithms are complex and ever-changing, and no software or outside consultant can ever completely understand the full situation for your particular website. Therefore, you are responsible for adequately informing yourself as to the ramifications of following any advice provided on the website or by Open Development's representatives. Open Development makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Open Development does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or services on its Internet website or otherwise relating to such materials or on any sites linked to by this site.

4. Limitations

In no event shall Open Development or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the actions of Open Development representatives, or the use or inability to use the service or materials on Open Development's Internet site, even if Open Development or an Open Development authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Open Development's website could include technical, typographical, or photographic errors. Open Development does not warrant that any of the materials on its website are accurate, complete, or current. Open Development may make changes to the materials contained on its website at any time without notice. Open Development does not, however, make any commitment to update the materials.

6. Links

Open Development has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Open Development of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Open Development may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to Open Development's website shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

9. Membership Renewal

Unless you use the link provided in the User Account section to cancel your account before the end of the applicable subscription period, your Membership subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Membership (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Memberships can be canceled at any time in the Account Info section, or changed to another Membership level on the Membership Settings page.

10. Satisfaction Guarantee

If for any reason you aren't satisfied with your CanIRank Membership, please contact us via email or the CanIRank support portal within 30 days and we will issue a full refund of your most recent Membership subscription payment (excluding consulting and other non-software services).

11. Changes

Open Development 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. Open Development 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.

12. Termination

Open Development 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 CanIRank account (if you have one), you may do so on the Account Info page of the Website. 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.

13. Indemnification

You agree to indemnify and hold harmless Open Development, 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.

14. Disclosure

You agree to hold in confidence and not disclose or republish any Confidential or Proprietary Information shared with you by Open Development representatives or made accessible through your software subscription, including business methods, future plans, trade secrets, or financial information. Open Development reserves the right to disclose that you are a user of the service, including associating publicly-available analytics data such as search engine rankings or traffic estimates.

15. Consulting Services

Consulting services are available for an additional fee. In rendering consulting services, Open Development shall conform to high professional standards of work and business ethics. However, as the services are performed by humans and reliant upon a complex and ever-changing set of algorithms, we can't guarantee that they will be free of bugs or errors. Company understands that CanIRank has no control over search engine policies or any those of any other third-party website, and as such cannot guarantee that completion of the services will result in the desired outcomes such as increased website traffic, improved search engine rankings, or additional press coverage. In no event shall CanIRank be liable to Company for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. Services are provided "as is" and without warranty of any kind.

16. Non-Solicitation

Other than through Open Development, you may not, directly or indirectly, through an existing corporation, unincorporated business, affiliated party, successor employer, or otherwise, solicit, hire for employment or work with, on a part-time, consulting, advising, or any other basis, any employee or independent contractor employed by Open Development.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.