Terms of Use

1. Acceptance of Terms. Welcome to the BrightEdge Technologies, Inc. web site (the "Site"). By accessing the Site you agree to and are bound by all these terms of use and the associated privacy policy. If you do not agree you must not access or use the Site. If you are a BrightEdge customer these terms will supplement your current subscription agreement to the extent not inconsistent with such current subscription agreement. BrightEdge reserves the right to update these terms of use at any time. If we make any changes to our terms of use, we will post the new terms on our Site and update the "last revised" date set forth below. The updated terms of use will govern each use of the Site from the date of update forward. Therefore, we encourage you to check our terms of use whenever you use the Site.

2. Access and Use of Site. BrightEdge customers are granted access to the Site pursuant to these terms of use and the current subscription agreement in effect. All others are permitted access to this Site pursuant to these terms of use and solely for the purpose of evaluating the desirability of becoming a BrightEdge customer. Without limiting the foregoing restriction, access to the Site is not authorized or permitted by actual or prospective competitors of BrightEdge. You may not use the Site for any illegal or unauthorized purpose and you shall not, in using the Site, violate any laws including but not limited to intellectual property laws.

3. Customer Accessible Portions of Site. Certain portions of the Site are accessible only via password to existing BrightEdge customers. If you are not a BrightEdge customer you may not access or attempt to access these portions of the Site. If you open an account via an online registration process, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BrightEdge immediately of any unauthorized use of your account or any other breach of security. BrightEdge will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BrightEdge or another party due to someone else using your account or password.

4. Reservation of Rights. The Site is the intellectual property and copyrighted work of BrightEdge and/or its licensors. Functionality available through the Site is also patent-pending. All rights, title and interest not expressly granted with respect to the Site are reserved. All content provided through the Site is provided on an "As Is" and "As Available" basis.

5. Links to Third Party Sites. The Site may provide links to third party web sites. BrightEdge is not responsible for third party content, products or services provided on or through such third party web sites and you bear all risks associated with the access and use of such web sites and third party content, products and services.

6. User Provided Material. You grant BrightEdge and its affiliates and assignees a worldwide, perpetual right and license to use in any medium all information and material you submit to or through the Site, including without limitation, all blog comments.

7. Indemnity. You agree to indemnify and hold harmless BrightEdge, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of any material that you upload (via blog or otherwise), your violation of the terms of use for the Site, or your violation or infringement of any third party rights.

8. Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHTEDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. BRIGHTEDGE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. BRIGHTEDGE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

BRIGHTEDGE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

9. Limitation of Liability. IN NO EVENT SHALL BRIGHTEDGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

10. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 8 AND 9, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

11. Minors. This Site is not directed to minors, minors are not eligible to use the Site and we ask that they do not submit any information to us.

12. Applicable Laws. All matters relating to your access to, and use of, the Site and content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and BrightEdge agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

13. Copyright/Trademark. BrightEdge, the BrightEdge logo, SEO XRAY and Ad DNA are trademarks of BrightEdge Technolgies, Inc. Other names appearing on the Site may be trademarks of their respective owners.

Last Updated: February 9, 2010

For the latest privacy policy, click here.
For the latest BrightEdge Master Subscription Agreement, click here (PDF format).