KeywordTopia.com Terms of Use

Please read these terms and conditions carefully, they contain important information about your rights and obligations in accessing and using keywordtopia.com ("our website").

These terms and conditions govern the supply of keywords that bear a relation to your business or service (the "Service") by Perfect Sprectrum LLC, 244 W Main #444, Springville, UT 84663, ("KeywordTopia", "we" or "us") to you.

By using our website you confirm that you have read and understand the terms and conditions and agree to be legally bound by these terms and conditions as they are amended and posted on our website from time to time.

1 NATURE OF OUR WEBSITE

1.1 Our website is a place for you to select and order the Service.

1.2 You must be over 18 years of age to purchase the Service, following the purchase procedure displayed in "Order/ Pricing" and described below in Clause 2.

2 PRICES AND PAYMENT

2.1 Prices charged are as shown on the website at the time and date of your purchase. We may change the price of the Service before you place an order for a subscription. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Service's price is higher than stated in your order and you may cancel the order.

2.2 Prices are shown in US Dollars on the website.

2.3 All the prices shown are inclusive of any taxes.

2.4 Before your order can be accepted we must receive payment in full.

2.5 When ordering via the website, you must pay by credit or debit card at the time of the order. We accept Visa, MasterCard, American Express, and Discover.

2.6 The Service is supplied to you via an account (a "Service Account") in consideration of the payment of the price defined in Clause 2.1.

2.7 On payment of the price, KeywordTopia will create a Service Account in your name by which you will be permitted to access the Service in accordance with these terms and conditions. For the purposes of this clause and Clause 2.4 payment shall only be deemed to have occurred once we are in receipt of cleared funds.

2.8 The Service Account is accessed by an individual password that will be sent to you on receipt of payment of the price and in accordance with these terms and conditions.

2.9 You may only open one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account.

2.10 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and KeywordTopia will be entitled to terminate this Agreement in accordance with Clause 12 and Clause 13.

2.11 We do not currently accept payment by mail or fax.

2.12 We are entitled to refuse any order placed by you.

2.13 Delivery times of your account should be within 10 minutes of ordering. However, this delivery time is an estimate and may vary due to exceptional or unforeseen circumstances.

2.14 In the unlikely event that you have not received access to your account within 30 minutes from acceptance of your order, or if you have any complaints, please contact us via keywordtopia@gmail.com or by post to KeywordTopia, 244 W Main #444, Springville, UT 84663.

2.15 You undertake that all details provided by you to us for the purpose of purchasing the Service will be correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.

2.16 KeywordTopia uses a secure server (certified to the required standard for encrypted credit card transactions) to protect your credit and debit card information and assist your purchase.

2.17 However, any losses incurred or sustained by you when transmitting information by means of email or other Internet link shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by KeywordTopia.

2.18 When using a public computer, you must sign out when you have finished using our website.

3 ACCESSING THE SERVICE

3.1 You are only permitted to use this service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools except where permission has been expressely granted by KeywordTopia.

3.2 KeywordTopia reserves the right to limit the number of searches you may make on the Service (the "Usage Limit"). The Usage Limit will be set at KeywordTopia's sole discretion and may change from time to time.

3.3 If KeywordTopia makes any alteration to your Usage Limit you will be informed by e-mail within 48 hours of the alteration.

4 GUARANTEE

All Services are covered by our 30 day money-back guarantee. If, for any reason, you are not completely satisfied please notify us within 30 days of your initial purchase for a full refund. Refunds will not be given for API calls that you have used.

5 CANCELLING THE SUBSCRIPTION

5.1 You may cancel your subscription for any Service you have purchased from us, for any reason (including if you simply change your mind) by giving us notice that you no longer wish to subscribe to the Service. You can cancel your subscription through the link on the myaccount page.

5.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.

6 LIABILITY

6.1 We promise that all Services that you purchase from our site will be of a satisfactory quality. We exclude all other express terms or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Service(s), our website or any information or service provided through our website. In preparing this website, we have endeavoured to offer current, correct and clearly expressed information. However, we cannot guarantee that the information will be accurate, complete or current at all times and accept no liability for any reliance placed by you or any person on the information.

6.2 Where content published on our website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content that is offered by third parties is published in good faith but we do not accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content.

6.3 You assume total responsibility and risk for your use of our website and use of all information contained within it.

6.4 In relation to the purchase of Services, we accept no liability for any indirect or consequential loss or damages or for any loss of data, profit, anticipated savings, revenue or business (whether direct or indirect), howsoever caused, even if foreseeable.

6.5 We do not accept liability (except where we have been negligent) where you suffer loss or damage as a result of the viewing, use or access of, or inability to use or access, or performance of our website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of KeywordTopia, its servants, agents or any other person.

6.6 If we are liable to you for any reason, our liability is limited to the amount paid by you for the Service(s) concerned. Notwithstanding anything in these terms and conditions, we do not exclude or limit our liability for death or personal injury caused by our negligence.

6.7 We make no warranties, express or implied, that making the Service(s) available in any jurisdiction outside the United States is permitted under any applicable non-US laws or regulations. Accordingly, if making the Service(s) or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Service(s) are not offered for sale to you. You accept that if you are resident outside the US, you must satisfy yourself that you are lawfully able to purchase the Service(s). We accept no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Service(s) by persons in jurisdictions outside the US or who are nominees of or trustees for citizens, residents or nationals of other countries.

6.8 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available from our website will be free from infection, viruses and or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

6.9 Information that is contained in our keyword reports may be provided to us by third parties which are not controlled by us. We make no warranty in respect of the availability, accuracy or otherwise of such information from these parties, and we are not liable for any loss, delay, inconvenience or damage you may suffer as a result of such information not being made available to us by the parties for any reason.

6.10 The limitations and exclusions in these paragraphs only apply to the extent permitted by law.

7 FORCE MAJEURE

We accept no liability for any failure or delay in supply or delivery or for any damage or defect to Service(s) supplied or delivered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

8 COPYRIGHT AND TRADE MARKS

8.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Perfect Spectrum or its licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

8.2 You may download material from our website for the sole purpose of placing an order with us. However you may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means and in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written approval, except where expressly invited to do so, for example in order to complete any test or questionnaire.

9 LINKED SITES

We make no representations whatsoever about any other websites which you may access through our website. When you access any other website you understand that it is independent from KeywordTopia and that we have no control over the content or the availability of the website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such website and we will not be liable for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any other website.

10 ADVERTISEMENTS

This website may contain advertisements. We are not responsible for and do not endorse the content of such advertisements, and we do not accept any responsibility for any errors or inaccuracies in such advertising material.

11 AVAILABILITY OF OUR WEBSITE

11.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can not accept liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our computer system, server, website, router or any other internet connected device.

12 CHANGES

12.1 We reserve the right to alter, suspend or discontinue any aspect of our website or the Services available through it, including your access to it, without notice to you. Unless explicitly stated any new features, including new content and Services shall be subject to these terms and conditions.

12.2 If any modification of the Service is unacceptable to you, your only recourse is to terminate the relevant Agreement. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

13 TERMINATION

13.1 You may terminate any agreement which is subject to these conditions (an "Agreement") by ceasing to use the Service.

13.2 We reserve the right to terminate the Agreement or discontinue the Service or any portion or feature of it by notice in writing if any of the following events occur, namely:

13.2.1 if you commit any act of bankruptcy, have a receiving order made against you, make or negotiate for any composition or arrangement with or assignment for the benefit of your creditors or if you shall present a petition or have a petition presented by a creditor for your winding up or shall enter into any liquidation (other than for the purpose of reconstruction or amalgamation), call any meeting of your creditors, have a receiver of all or any of your undertakings or assets appointed or cease to carry on business; or

13.2.2 if you shall at any time be in default under an Agreement and shall fail to remedy such default within fourteen (14) days from receipt of notice in writing from us specifying such default.

13.3 We reserve the right to terminate any Agreement or discontinue the Service or any portion or any feature of it for any reason on no less then fourteen (14) days notice and at our sole discretion.

13.4 In the circumstances outlined in Clause 13.5 but in no other circumstances, we will provide a full refund of any unexpired term of the price paid.

13.5 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).

13.6 Upon termination of any Agreement all rights and obligations of KeywordTopia and you under the Agreement will be extinguished.

14 LAW AND JURISDICTION

14.1 Use of our website is subject to the laws of the United States, and the exclusive jurisdiction of the State of Utah Courts.

14.2 We may assign, novate or sub-contract any or all of our rights orobligations under these terms and conditions at any time.

14.3 These terms and conditions constitute the entire agreement between you and KeywordTopia regarding your use of the website or purchasing of Service(s) and supersedes any prior understandings or agreements regarding your use of the website or purchasing of Service(s).

14.4 You acknowledge that you have not entered into this Agreement upon any warranty or representation made by us or any other person and you waive any rights to damages/recission you may have for misrepresentation (other than fraudulent misrepresentation) that is not contained in these terms and conditions, the order form or payment method instructions.

14.5 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.

14.6 In the event that any provision in these terms and conditions is determined to be invalid or unenforceable under applicable law, such provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original unenforceable provision, and the remaining provisions shall continue to be enforceable to the fullest extent permitted by law.

15 NOTICES

15.1 Notices shall be given to us via email at keywordtopia@gmail.com or to you at either the email or postal address you provided to us during the ordering or registration process.

15.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.

16 SECURITY

You are solely responsible in all respects for all use of and for protecting the confidentiality of login details that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

17 INFORMATION YOU PROVIDE

17.1 You authorise us to use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your postal address, e-mail address, telephone number and your credit or debit card number and expiry date or bank account details to the extent reasonably necessary to provide the Service(s) that are available through our website to you by us or our sub-contractors.

17.2 If you purchase Service(s) through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together the various purposes set out in this clause and KeywordTopia's Privacy Policy, will be known as "the Purposes") and all such information collected by us shall be referred to as "Personal Information".

17.3 You must ensure that the Personal Information that you provide is accurate and complete and that all ordering or registration details (as applicable) contain your correct name, address and other requested details.

17.4 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.