Terms of Service
This agreement (the “Agreement”) defines the relationship between Reputation Professor (“Reputation Professor”, the “Company”, “we”, or “our”) and you (“you”, “your”, the “Customer”). Reputation Professor provides internet marketing and related services (the “Services”) for the Customer or someone that the Customer has designated to be the subject of the Services provided by Reputation Professor (the “Named Party”). We may change the description or content of our Services at any time.
By accepting Reputation Professor Terms of Service electronically or in writing, and/or by using our services, including but not limited to, submission of content to the Reputation Professor team, payment or authorization of payment, you (Customer) agree to be bound by the following terms and conditions. The Customer also agrees that Customer’s electronic acceptance of this terms of service shall have the same force and effect as if Customer had agreed to this terms of service in writing.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ORDERING ONE OF OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
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 ; (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. Violation of any of the foregoing may result in immediate termination of this Agreement.
Content of the Service. Reputation Professor Services takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Reputation Professor or its Service have any obligation to monitor such third party content. Reputation Professor , 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. Reputation Professor 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 its users and the public. Reputation Professor will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
Intellectual Property Rights. You acknowledge that Reputation Professor Services owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the “Service”), and such Reputation Professor 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 Reputation Professor Rights include rights to (i) the Service developed and provided by; and (ii) all software associated with the Service. The Reputation Professor 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. Reputation Professor and the Service 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 Reputation Professor account. 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 Reputation Professor 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 according to the search engine algorithm. Reputation Professor moreover, does not guarantee or warrant that it will be successful in effecting removal or alteration, if such service is to be performed, of any Internet content about the Customer or the Named Party he or she has designated as the subject of the searches to be undertaken by the Company.
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 Reputation Professor; provided, however, that a terminated account may continue to exist for up to two weeks before such cancellation takes effect. Reputation Professor 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 Reputation Professor has previously canceled or terminated your use of the Services (in which case subsequent notice by Reputation Professor shall not be required), if you have provided a email address, Reputation Professor will notify you via email of any such termination or cancellation, which shall be effective immediately upon it’s delivery of such notice. Sections 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. Reputation Professor 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 Reputation Professor by phone to obtain authorization to chargeback. If Client charges back without following proper procedure, Client will pay Reputation Professor $500 in chargeback fees for each occurence together with all other amounts owed Reputation Professor. Reputation Professor may report any outstanding balances to the three main credit bureaus and may have the incident reported to anti-fraud databases which may prevent any further purchases on the Internet.
Refunds. All sales of all Reputation Professor services are final. No refunds shall be given by Reputation Professor or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. The Customer acknowledges and accepts the risk that Reputation Professor may not succeed in effecting the removal or alteration of any Internet content about the Customer or the Named Party whom the Customer designates as the person about whom Reputation Professor, will undertake to effect the removal or alteration of Internet content. No refunds shall be given by Reputation Professor for any reason. Further, the Customer hereby acknowledges that the Company can not and does not make any guarantees or warranties, and the Customer therefore understands that he or she foregoes the right to dispute credit card charges on the grounds that the Company has failed to deliver satisfactory services. The Customer therefore foregoes his or her right to dispute the credit card charges he or she incurs with the Company.
Billing and Payment. All fees for the services shall be in accordance with the fee schedule then in effect, the terms of which are incorporated herein by reference. Fees will become due with as a anniversary billing mode (daily) or monthly anniversary mode. Reputation Professor reserves the right to charge, bill or invoice your account up to 21 days prior to the due date. All late payments are subject to a 10% late fee or a 1.5% late fee per month whichever is higher.
Check Payment NSF or Cancellation. If the customer either cancels the check or submits a check which is returned for any reason Reputation Professor will secure the following remedies: 1) A minimum service fee of $100.00 will become immediately due and payable. 2) If an alternate payment has not been made with 24 hours Reputation Professor will assess a collection fee of $200 or double the check amount whichever is greater, which will become immediately due and payable. 3) Beyond 2 hours of research time Reputation Professor will bill the customer in half hour increments at a rate of $93.50 per hour. All hours will be recorded and submitted to the customer for payment which will become immediately due on the date of the invoice. 4) Each check cancellation or NSF will incur the above referenced expenses. 5) If the customer does not pay the fees listed above then Reputation Professor will file with the proper authority and/or take legal action against the customer. The customer agrees to pay all legal fees associated with the collection of this debt.
Negative Comments/Slander/Libel. The Customer specifically agrees not to engage in negative comments, libel or slander regarding Reputation Professor including but not limited to publishing, or causing to be published, complaints or derogatory comments about Reputation Professor in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Reputation Professor will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Reputation Professor shall be entitled to litigate this matter, and obtain the money damages together with injunctive and punitive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees.
Indemnification. You agree to hold harmless and indemnify Reputation Professor 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, Reputation Professor will provide you with written notice of such claim, suit or action. You agree to provide the information required by the service, and understand that the better the information you provide the better results you’ll see. You authorize us to use your information to search the Internet and the using any tool available. You authorize us to use the information you provide to create and publish web content. You grant us the right to publish any or all of the content you provide on any website we deem fit for the purposes of any service. You authorize us to modify any content as we see fit to provide the service. You warrant that you have the right to distribute the content you provide us, and to indemnify us against any damages arising from the use of the content you provide, whether due to copyright infringement or other reason. You authorize us to act on your behalf in creating accounts on other sites in your name. You specifically release and hold us harmless for all damages caused as a result of any service, including any damages resulting from publication of content you provide us, disclosure of your relationship with Reputation Professor or any other cause. The Customer waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Reputation Professor its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. The Customer waives any tort claims that arise by act, or omission.
THE Reputation Professor SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN Reputation Professor SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Reputation Professor AND ITS LICENSORS 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. Reputation Professor AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Reputation Professor SERVICES. Reputation Professor AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Reputation Professor SERVICES. Reputation Professor AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Reputation Professor SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Reputation Professor SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Reputation Professor SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Reputation Professor 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 Reputation Professor OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE Reputation Professor 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 Reputation Professor OR ITS LICENSORS 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 Reputation Professor SERVICES, FROM INABILITY TO USE THE Reputation Professor SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Reputation Professor 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 Reputation Professor SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Professor Reputation Professor SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Reputation Professor SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Reputation Professor 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 Reputation Professor SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Reputation Professor 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 Reputation Professor or its licensors 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. Further, you agree to indemnify Reputation Professor against any loss or damage caused to Reputation Professor resulting from fraudulent or malicious representations of identity made to Reputation Professor.
Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. If you take any actions which compete with our scope of work in the search engine algorithm it may result in immediate termination of this Agreement. Violating Reputation Professor’s Acceptable Use Policy may result in temporary or permanent limitation of a Customer’s account. The services provided by Reputation Professor may change at any time. The methods used to provide services may change at any time. The pricing of services may change at any time. Malfunctions are to be expected in technology driven products. By accepting these terms you represent that you are aware that Reputation Professor is a technology driven service and accept any problems related to such a service.
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 of any provision of the Terms of Service will be effective only if in writing and signed by Reputation Professor.
Electronic Signatures. Accepting the electronic copy of the work order/work request/contract, submitting content through any Active Collaboration System, making payment, or submitting information or documents to Reputation Professor so that Reputation Professor may perform services for the client, the same shall constitute an electronic signature as defined by Florida ’s Uniform Electronic Transactions Act.