ReputationDr
ReputationDR recognizes that the nature of business search engine reputation repair/management work involves disclosure of certain information which is considered strictly confidential. This confidentiality statement endeavors to explicitly state ReputationDR policy of maintaining all client information in strictest confidence and destroying or deleting all such information upon completion of a service. Neither party shall, except as required to perform our respective rights and obligations, use, copy, adapt, alter, disclose or part with possession of any information or data of the other which is disclosed or otherwise comes into our possession directly or indirectly as a result of the business contract and which is of a confidential nature ("Information"), whether marked confidential or not. This obligation shall not apply to Information: Which the receiving party can prove was in its possession at the date it was received or obtained; or which the receiving party obtains from some other person with good legal title thereto; or which comes into the public domain otherwise than through the default or negligence of the receiving party; or which is independently developed by or for the receiving party. You acknowledge that the provision of our Services may also involve the disclosure to you of processes, operations and set-ups that contain proprietary and confidential information ("Trade Secrets"). You agree that, unless expressly permitted in writing by us, you will not use such Trade Secrets for your own purposes or provide or otherwise disclose or make any such Trade Secrets available for any reason to any other person, firm, company or organization. You shall ensure that your employees, agents, affiliates, and authorized sub-contractors who have, or may have, access to the Information are bound by an undertaking in substantially the same terms. Upon completion of the service, ReputationDR shall destroy, delete or return all confidential information provided by you. No copies of your information will be retained, and as such if any continuity is required after the completion of the current service, you must either: Provide fair warning of this possibility, in writing, before the completion of the project, stating explicitly that ReputationDR retain the information for use during the next service period; or consider the new service to be a wholly unrelated project to the prior contract and supply all information and materials to ReputationDR once again. These obligations of confidentiality shall continue after termination of the service. |
Description of Service. ReputationDR provides fee based access to SERVICES including, but not limited to, internet reputation repair, online search engine optimization, marketing and social media services (the "SERVICE"). You understand and agree that the SERVICE may include content-targeted ads, domain and web page creation, or other related information, as further described below and in the ReputationDR Privacy Policy. In addition, you understand and agree that the SERVICE is provided on an AS IS and AS AVAILABLE basis. ReputationDR disclaims all responsibility and liability for the availability, timeliness, security or reliability of the SERVICE. ReputationDR also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the SERVICE is subject to your acceptance of and compliance with the Agreement. You agree that you will use the SERVICE in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the SERVICE to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ReputationDR; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the SERVICE; (iv) use the SERVICE for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. If you take any actions which compete with our scope of work it may result in immediate termination of this Agreement. Violation of any of the foregoing may result in immediate termination of this Agreement. Content of the Service. ReputationDR takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does ReputationDR have any obligation to monitor such third party content. ReputationDR reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. ReputationDR also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of ReputationDR, its users and the public. ReputationDR will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement. Intellectual Property Rights. ReputationDR's Intellectual Property Rights. You acknowledge that ReputationDR, owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "ReputationDR Rights"), and such ReputationDR Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The ReputationDR Rights include rights to (i) the Service developed and provided by ReputationDR, and (ii) all software associated with the Service. The ReputationDR Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. Your Intellectual Property Rights. ReputationDR does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your ReputationDR Service. We will not use any of your content for any purpose except to provide you with the Service. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to ReputationDR to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You represent and warrant that you will not post articles, newsletters, websites, blogs or other information which directly conflicts with the strategy and/or scope of work prescribed by us. Privacy. As a condition to using the Service, you agree to the terms of the ReputationDR Privacy Policy as it may be updated from time to time. ReputationDR understands that privacy is important to you. Personal information collected by ReputationDR may be stored and processed in the Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to ReputationDR at http://www.netfomercialnetworks.com/contact_us.html; provided, however, that a terminated account may continue to exist for up to ten business days before such cancellation takes effect. ReputationDR may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. Except as set forth above or unless ReputationDR has previously canceled or terminated your use of the Services (in which case subsequent notice by ReputationDR shall not be required), if you have provided an email address, ReputationDR will notify you via email of any such termination or cancellation, which shall be effective immediately upon ReputationDR's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. No Chargebacks; Anti-Fraud Policy. Client understands that no chargebacks of any kind are allowed. ReputationDR deems unauthorized chargebacks as consumer fraud and will proceed to collect by any means necessary. Client is responsible for attorney's fees, fees for collection agencies or third party intervention if client charges back or does not pay monies owed. Client must contact ReputationDR by phone or email to obtain written authorization to chargeback. If Client charges back without following proper procedure, Client will pay ReputationDR, $500 in chargeback fees together with all other amounts owed. ReputationDR may report any outstanding balances to the three main credit bureaus and may have the incident reported to anti-fraud databases. Indemnification. You agree to hold harmless and indemnify ReputationDR and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ReputationDR will provide you with written notice of such claim, suit or action. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Disclaimer of Warranties. ReputationDR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ReputationDR SERVICES results. ReputationDR disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ReputationDR disclaims any responsibility for any harm resulting from downloading, uploading or accessing any information or material on the Internet through the ReputationDR SERVICES. THE REPUTATIONDR SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN REPUTATIONDR SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. REPUTATIONDR AND ITS LICENSORS AND/OR ASSIGNS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. REPUTATIONDR AND ITS LICENSORS AND/OR ASSIGNS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE REPUTATIONDR SERVICES. REPUTATIONDR AND ITS LICENSORS AND/OR ASSIGNS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE REPUTATIONDR SERVICES. REPUTATIONDR, AND ITS LICENSORS AND/OR ASSIGNS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE REPUTATIONDR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE REPUTATIONDR SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE REPUTATIONDR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE REPUTATIONDR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM SUCH MATERIAL OR DATA. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL REPUTATIONDR OR ITS LICENSORS AND/OR ASSIGNS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE REPUTATIONDR SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF REPUTATIONDR OR ITS LICENSORS AND/OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE REPUTATIONDR SERVICES, FROM INABILITY TO USE THE REPUTATIONDR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE REPUTATIONDR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE REPUTATIONDR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE REPUTATIONDR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE REPUTATIONDR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE REPUTATIONDR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE REPUTATIONDR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE REPUTATIONDR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances shall ReputationDR or its licensors and/or assigns be held liable for any delay or failure in performance 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, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver or amendment of any provision of the Terms of Service will be effective only if in writing and signed by an officer of ReputationDR. |