This Agreement defines the relationship between Reputation.com and you (“you”, “your”, the “client”). If you are entering into this Agreement on behalf of a company or other legal entity, you also represent that you have the authority to bind such entity to these terms, in which case the terms “you”, “your” or “client” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Reputation.com site or its services.
By participating in Reputation Rockstars, you represent and warrant that (a) all information you provide during the course of participating in Reputation Rockstars is truthful and accurate; (b) you will maintain the accuracy of any such information; (c) your employer allows you to accept gifts from vendors, business partners, and/or contractors; and (d) you are 18 years of age or older. Children under the age of 18 are prohibited from participating in Reputation Rockstars. Your information and profile may be deleted and your participation in Reputation Rockstars may be terminated, without warning, if we believe that you are less than 18 years of age.
While participating in Reputation Rockstars, you will be able to accrue "points", which may be redeemed for rewards which are categorized at various price points based on approximate retail value. All rewards are available in limited quantities. The approximate retail value of any reward is subject to change based on current market conditions at the time a reward is redeemed. You are not entitled to any surplus between the actual retail value (ARV) of the reward and the stated ARV. No substitution, assignment, transfer, or cash redemption of any rewards or "points" is allowed. A reward may be substituted with another reward of equivalent approximate ARV if a reward becomes unavailable for any reason. Lost or stolen rewards will not be replaced after being redeemed. Reputation.com may terminate Reputation Rockstars without warning or advance notice, in which case, unredeemed "points" may not be redeemed. Reputation.com makes no warranties or representations as to any rewards that you may redeem during the course of Reputation Rockstars. Reputation.com does not control, manage, direct, or endorse any such third party rewards. Reputation.com is not responsible or liable for any third party rewards that you may redeem during the course of Reputation Rockstars.
Reputation.com provides online reputation management related products and services (“Services”). The Services are described on the individual pages for each service, which can be accessed at https://www.reputation.com. We may, at our discretion, periodically change the description or content of our Services in order to reflect changes to the Service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the Services or better address a perceived need among our customers.
When you sign up for free Services, when you create user accounts, and/or when you purchase paid Services, you are agreeing to the specific terms of service established for each type of Service. The specific terms for each type of Service are set forth at www.reputation.com/legal-information/.
Certain features or services offered on or through the Site may require you to open an account (including setting up a Reputation.com ID and/or password(s)). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other any other breaches of security. Reputaton.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
We take seriously our responsibility to keep secure the information that our users and customers entrust to us. To protect this confidential information, we use industry standard safeguards to protect confidential information stored on our systems.
Your use of the Website and all Content is on an “as is” basis, at your own risk, and we do not make and expressly disclaim any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website or the Content.
You may only use or reproduce the Content for your own personal and non-commercial use. The following activities are prohibited: (i) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (iv) taking any action that imposes an unreasonable or disproportionately large load on Reputation.com’s hardware and software infrastructure (collectively, “Prohibited Activities”).
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing copyright(s) in a work, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. SS 512(c)) must be provided to our designated Copyright Agent:
Our designated Copyright Agent is: Reputation.com, Inc., Attention: General Counsel; 1400A Seaport Blvd., Suite 401, Redwood City, CA 94063, USA; Telephone: 1-800-888-0924; Email: email@example.com.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
You agree to indemnify, hold harmless and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to: (a) your breach of any term or condition of this Agreement; (b) your fraudulent or malicious use of the Services; (c) your violation of applicable laws, rules or regulations in connection with the Services; or (d) our use of any content or information, including Client Materials or Reviewer Information, you provide to us. In such a case, we will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Types of Damages. NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY
Amount of Damages. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO US PURSUANT TO THE ORDER THAT IS THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) US $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY
Any feedback or information you provide us about the Site or the Services shall be deemed to be non-confidential, and we shall be free to use such information on an unrestricted basis.
Any claim, dispute or controversy of whatever nature (“Claim”) arising out of or relating to this Agreement shall be resolved by final and binding arbitration. The arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the San Francisco, California, office of JAMS in accordance with its then-existing Comprehensive Arbitration Rules & Procedures for matters where over $100,000 or injunctive relief is being claimed, and in accordance with its then-existing Streamlined Arbitration Rules & Procedures for matters where less than $100,000 is being claimed. The arbitration hearing shall be held in San Francisco, California. This Agreement shall be governed by and construed under the laws of the state of California, consistent with the Federal Arbitration Act, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding; and a right to invoke formal rules of procedure and evidence.
You agree that that we may use our website, mobile apps, and email to provide you with important notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) an text to you at the mobile number you provided, or (4) through other means including telephone, or mail. You agree to keep your contact information up to date.
We may amend, modify or terminate any terms of this Agreement at any time and such amendment, modification or termination will be effective at the time we post the revised terms on the site. You can determine when this agreement was last revised by referring to the “last updated” legend at the top of this agreement. Your continued use of the site or services after we have posted revised terms signifies your acceptance of such revised terms. No amendment to or modification of this agreement will be binding unless in writing and signed by our duly authorized representative or posted to the site by our duly authorized representative.