General Disclaimer

1. No Guarantees or Warranties

WinningRank does not guarantee, represent, or warrant that the digital marketing services provided will result in specific levels of success or a guaranteed increase in search engine rankings, website traffic, conversions, or any other outcome. The effectiveness of our services is dependent on numerous factors outside of our control, including, but not limited to, search engine algorithms, competitive landscape, industry trends, and client-specific circumstances.

2. Limitation of Liability

In no event shall WinningRank, its employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or other damages arising out of the use, inability to use, or the results of the use of our services or any materials or information provided by us. Your use of our services is entirely at your own risk.

3. Third-Party Tools and Services

WinningRank utilizes third-party tools and services to provide digital marketing solutions. While we strive to select reliable and reputable providers, we cannot be held responsible for the availability, accuracy, effectiveness, or any other aspect of these third-party tools and services. Any reliance on third-party tools and services is at your own risk.

4. Changes to Services and Pricing

WinningRank reserves the right to modify, suspend, or discontinue our services, in whole or in part, at any time, with or without notice. We also reserve the right to change our pricing and payment terms at any time, with or without prior notice. This does not override any pricing arrangements specified within the Master Services Agreement (MSA).

5. Intellectual Property Rights

All content, materials, and information provided by WinningRank are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of our content, materials, or information may violate these laws and result in legal action.

6. Indemnification

You agree to indemnify, defend, and hold harmless WinningRank, its employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of our services, your breach of this Disclaimer, or your infringement or violation of any third-party rights.

7. Governing Law

This Disclaimer shall be governed by and construed in accordance with the laws of the jurisdiction in which WinningRank is based, without regard to its conflict of law provisions.

8. Acknowledgment and Acceptance

By using our services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Disclaimer. If you do not agree to these terms and conditions, please refrain from using our services.

9. Use of Testimonials and Case Studies

WinningRank may present testimonials and case studies from clients to demonstrate our expertise and the potential results of our services. These testimonials and case studies are based on individual experiences and should not be taken as guarantees or promises of similar outcomes for all clients. Results may vary depending on a variety of factors, including, but not limited to, the client's industry, competition, target audience, and specific circumstances.

10. Use of Client Information and Logos

By engaging WinningRank for digital marketing services, you grant us permission to use your company's name, logo, and information related to the services we provide for you in our promotional materials, such as our website, social media channels, and other marketing materials. If you wish to restrict the use of your company's information or logo, please notify us in writing.

11. Force Majeure

WinningRank shall not be liable for any failure or delay in performance of our services due to events beyond our reasonable control, including, but not limited to, acts of God, natural disasters, labor disputes, governmental actions, pandemics, or interruptions in internet services.

12. Severability

If any provision of this Disclaimer is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

13. Bankruptcy Protection

In the event that WinningRank files for bankruptcy or becomes insolvent, you acknowledge and agree that our obligations to provide services may be terminated. In such circumstances, you understand and agree that WinningRank shall have no further liability or obligation to you, including any refunds or compensation for services not rendered. Any outstanding fees or obligations owed by you to WinningRank at the time of our bankruptcy filing shall remain due and payable, subject to the terms specified in the bankruptcy proceedings and applicable laws. This clause supersedes any conflicting provisions stated in this Disclaimer or any other agreement between you and WinningRank.

14. Updates to the Disclaimer

WinningRank reserves the right to modify, add, or remove any part of this Disclaimer at any time without prior notice. It is your responsibility to review this Disclaimer periodically to ensure that you are aware of and agree to any changes. Your continued use of our services after any changes to this Disclaimer constitutes your acceptance of the updated terms.

If you have any questions or concerns regarding this Disclaimer, please contact us:

WinningRank, Inc.
2261 Market St #5294
San Francisco, CA 94114
contact@winningrank.com

By using our website and services, you acknowledge that you have read and understood this Disclaimer.