(Updated October 2017)
ACCEPTANCE OF TERMS
This Agreement defines the relationship between ReputationDefender LLC 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 ReputationDefender site or its services.
By using the this website or any of the services offered, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 13 years of age or older. Children under the age of 13 are prohibited from creating any accounts or purchasing or enrolling for any Services. Your information and profile may be deleted any Services may be terminated without warning, if we believe that you are less than 13 years of age.
ReputationDefender LLC provides online reputation management and privacy related products and services (“Services”). The Services are described on the individual pages for each service, which can be accessed at https://www.reputationdefender.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.
ENROLLMENT FOR FREE SERVICES OR PURCHASE OF PAID SERVICES
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 below. PLEASE REVIEW THEM CAREFULLY:
- ReputationDefender® Standard Terms of Service
- Executive Privacy / Personal Privacy Standard Terms of Service
- Standard Service Agreement For ReputationDefender for Local/Small Businesses
- HIPAA Business Associate Agreement for ReputationDefender for Local Business “Covered Entity” Customers
USER ACCOUNTS AND PASSWORDS
Certain features or services offered on or through the Site may require you to open an account (including setting up a ReputationDefender 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. ReputationDefender LLC 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. For more information, see: ReputationDefender LLC Data Security Frequently Asked Questions
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: (1) 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; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on ReputationDefender’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:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. SS 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement
Our designated Copyright Agent is: ReputationDefender LLC, Attention: General Counsel; 1400A Seaport Blvd, Suite 401, Redwood City, CA 94063; Telephone: (650) 381-3069; Fax: (650) 369-0624; Email: firstname.lastname@example.org.
LINKS TO OTHER SITES
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; (d) our use of any content or information, including Client Materials or Reviewer Information, you provide to us; or (e) the disclosure of your relationship with 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.
LIMITATION OF LIABILITY
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.
ARBITRATION, FORUM AND GOVERNING LAW
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.
NOTICES AND SERVICE MESSAGES
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) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
AMENDMENTS OR MODIFICATIONS
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.
HOW TO CONTACT US
If you want to send us notices or reach our customer support, please contact us:
By phone at: 877-492-0358 (Weekdays 24hrs; Weekends 7am-5pm PT)
By email at: email@example.com.
By mail at:
1400A Seaport Blvd, Suite 401
Redwood City CA 94063