Thank you for taking the time to read the HPBacklinks.com User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at HPBacklinks.com. If you have any questions please contact admin@hpbacklinks.com.
HPBacklinks.com is wholly owned and operated by BuildMyRank, Inc.. All rights and protections detailed here for HPBacklinks.com apply to both HPBacklinks.com and BuildMyRank, Inc..
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This agreement was last revised on May 1, 2012 check back from time to time to be sure you are complying with the current version.
Important HPBacklinks.com Membership Rules and Requirements
Individuals that are in any way affiliated with, agents of, work for, or employed by any Internet Search organization may not register to use this site.
Sites in the following niches are not allowed to buy or sell links:
Adult – porn, breast/penis enlargement, performance supplements, escorts, strippers, etc.
Indecent – illegal weapons, illicit drugs, racial discrimination, or anything else indecent to mankind.
Illegal
1.1 Overview. Our site acts as the venue for publishers to sell links and advertisers to buy links. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of publishers to sell items or the ability of advertisers to buy items.
1.2 At your own risk: All transactions are conducted entirely at your own risk. You agree that HPBacklinks takes no responsibility for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or any attempts by members to defraud other members. HPBacklinks gives no warranties as to the content, safety, description or legality of the items that are listed on the site, or the ability of members to complete any transaction. Advertisers agree to hold HPBacklinks harmless should publisher’s activity be in any way be improper, either with regard to the link or with regard to the sale of the link.
1.3 Disclaimer: You expressly understand and agree that:
a. Your use of HPBacklinks is at your sole risk. To the extent permitted by law, HPBacklinks expressly disclaims all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. HPBacklinks makes no warranty that i) the services provided will be uninterrupted, timely, secure, or error free, ii) that the information provided on the web site is error-free or reliable, iii) the quality of any items obtained pursuant to the services provided by HPBacklinks will meet your requirements.
c. No advice or information that is obtained by you from HPBacklinks or any member or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
d. You hereby agree that we are not responsible for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this web site or any linked web site; nor are we responsible for any such loss arising out of your use or reliance on information contained on or accessed through this web site, nor are we responsible for the conduct of other members or third parties. You agree that there are no warranties in relation to items sold or listed pursuant to the services provided by HPBacklinks.
Fees and Services
2.1 Joining HPBacklinks is free for all members. Advertisers will incur charges at the time of purchase, and publishers will pay us a fee based on a percentage of their monthly earnings. Our Fees Policy for publishers is available in the Fees section. We reserve the right to change our Fees Policy and the fees for our services at any time. Our changes to the Policy are effective after we provide you with at least five (5) days notice of the changes. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
2.2 Safe Trading. Because user authentication on the Internet is difficult, HPBacklinks cannot and does not confirm each user’s purported identity.
2.3 Release. In the event that you have a dispute with one or more other members, you release HPBacklinks (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Service Availability
3.1 Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended HPBacklinks members.
Buying
4.1 Offers to buy are not retractable, except in exceptional circumstances, such as when a clear typographical error is made. If you choose to purchase items, you are certifying that you have the legal right to purchase such items.
Listing and Selling
5.1 Binding Offers. If you receive at least one offer at or above your stated minimum price you are obligated to complete the offer, unless there is an exceptional circumstance, such as the advertiser fails to remit payment for the item.
5.2 Fraud. Without limiting any other remedies, HPBacklinks may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
5.3 Manipulation. Neither advertisers nor publishers may manipulate the price of any item nor may you interfere with other user’s listings.
Your Information
“Your Information” is defined as any information you provide to us or other members in the registration, buying or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
6.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item’s bid amount; (cc) are concurrently listed for sale on a web site other than HPBacklinks; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items (located in the help section).
6.2 Solely to enable HPBacklinks to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. HPBacklinks will only use Your Information in accordance with our Privacy Policy.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the HPBacklinks site or any sale being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to HPBacklinks by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of HPBacklinks or the appropriate third party.
HPBacklinks Communications Policy
HPBacklinks has a no-spam policy; however, email communication with members is critical to site operations. You should expect to receive HPBacklinks news and updates on an as-needed basis. If you choose to opt-out of all email communications, you will need to log into the site on a regular basis to track your purchases and sales and other important web site communications.
Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our members or us.
Privacy
HPBacklinks is dedicated to building trust in the Internet. Our current Privacy Policy can be found in the privacy section.
No Warranty
WE PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT YOUR SATISFACTION WITH THE PURCHASED LINK(S) OR ANY RANKINGS THEREOF PROVIDED BY THIRD PARTIES. ADVERTISERS ENGAGE IN THE ACTIVITY AND THE PURCHASE OF LINK(S) AT THEIR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Liability Limit
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of copyright infringement, trade secret misappropriation, trademark infringement, or your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
“Without limiting the foregoing, under no circumstances shall HPBacklinks be held liable for any delay or failure in the completion of an sale, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or lack of sale completion due to loss or fluctuations in heat, electricity, or air conditioning.”
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and HPBacklinks are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to HPBacklinks, located at 3200 Fairhill Drive, Ste 104, Raleigh, NC 27612. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HPBacklinks during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or HPBacklinks may seek any interim or preliminary relief from a court of competent jurisdiction in Detroit necessary to protect the rights or property of you or HPBacklinks pending the completion of arbitration.
Additional Terms
The following documents are incorporated by reference:
9.1 Our Privacy Policy
9.2 Our Billing Policy
Note: This site reserves the right to revise any membership rules at its discretion, so check back from time to time to be sure you are complying with the current version.
General
This Agreement shall be governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Disclosures
The services hereunder are offered by HPBacklinks, located at 3200 Fairhill Drive, Ste 104, Raleigh, NC 27612. If you are a North Carolina resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described in our Fees section.