TERMS OF SERVICE
By accessing and continuing to use this website, or any service, products, or data provided by RepBeyond, you acknowledge your acceptance of these terms and conditions of service. RepBeyond reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features, products, services or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by RepBeyond and shall be of no force or effect.
User Consent. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") RepBeyond. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
Restrictions on Use. You may not use the Service, Products or Data for any illegal purpose or in any manner inconsistent with the TOS. RepBeyond grants a personal, non-transferable and non-exclusive license to the user to possess and use the information supplied by RepBeyond. The user is strictly prohibited from distributing, lending or loaning (for payment or for free) any information supplied by RepBeyond. It is also the responsibility of the user to ensure that all specific laws and regulations (including Spam Acts and other relevant laws) are adhered to when using the information, which RepBeyond obtains from public and private sources. The user agrees to undertake reasonable steps to ensure that neither the Media List nor its contents are wholly or partially disclosed, transferred, licensed or loaned by or on behalf of the user to any other party whatsoever, and to ensure further that the Media List and its contents are kept reasonably secure from access by parties other than those contemplated by these Terms and Conditions. You agree to use the Service, Products, Data solely for your own personal use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service or Products in any manner that could compete with the business of RepBeyond. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by RepBeyond and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of RepBeyond and such others. You agree to protect the proprietary rights of RepBeyond and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by RepBeyond or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify RepBeyond in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Intellectual Property. This website, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, data, content, services, goods or advertisements (the "Items") are provided "AS IS”. RepBeyond does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that RepBeyond, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of RepBeyond, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against RepBeyond by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by RepBeyond. RepBeyond is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. RepBeyond does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. RepBeyond is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that RepBeyond and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS. RepBeyond does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). RepBeyond.com and RepBeyond services and products may contain links to other related World Wide Web Internet sites. RepBeyond is not responsible for the accuracy or activities of these links. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. RepBeyond reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. We make no guarantee with respect to media coverage or lack thereof. We are a public relations company providing a service that puts your business in contact with the media. We have no control over what the media may or may not write about your business. As a result, there is a no refund policy.
Spam and Do Not Call. User agrees to comply with all obligations under any anti-Spam regulations, including the Spam Act of 2003 (Australia), the CAN-SPAM Act of 2003 (United States of America), etc. RepBeyond is not liable for any failure on the part of the user to comply with any anti-Spam laws. Prior to sending any unsolicited electronic messages, it is the responsibility of the user to understand all local and Federal anti-Spam regulations. RepBeyond shall not be held liable for any electronic messages sent by the licensee that do not comply with anti-Spam laws. User must take all reasonable steps to ensure that any telephone numbers used are not registered with the “Do Not Call Register.” Business numbers typically are not included in the “Do Not Call Register” (in most countries). Be aware that in some countries, Government telephone numbers and business fax numbers have been added to the “Do Not Call Register”. However, government telephone numbers and business fax numbers listed in the data supplied by RepBeyond have NOT been washed against the DNCR. Again this is the responsibility of the User. The Licensee must take steps to ensure they are in compliance with their local and Federal DNCR laws before engaging in any marketing campaigns.
Testimonials. Any unsolicited or solicited comments made regarding RepBeyond services, it's owners, or employees via emails, writing or telephone conversations may be used by RepBeyond and its affiliated companies for promotional purposes. By using our services you grant us the right to post your project on our site(s). You grant RepBeyond and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant RepBeyond and its affiliates and sub-licensees the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site or share with us via email and that use of your reviews, comments, or other content by RepBeyond and their affiliates will not infringe upon or violate the rights of any third party.
Limitation of Liability. User agrees, understands, and expressly acknowledges that RepBeyond neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the Media List purchased herein. Licensee agrees, understands, and expressly acknowledges that while RepBeyond believes this information to be accurate, it does not, except as otherwise provided in the Order Confirmation, warrant or guarantee any degree of accuracy of the Media List, nor the outcome or results of any mailing or promotion or any other undertaking of the User, and RepBeyond shall not be held liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by licensee, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or sites, or other intangible loss. Further, RepBeyond shall not be held liable for any loss or damage which may be incurred by user, including but not limited to loss or damage as a result of any reliance placed by user on the completeness, accuracy or existence of any data, or as a result of any relationship or transaction between user and any organization or individual whose details appears in the data supplied. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between RepBeyond and user, and user acknowledges and agrees that RepBeyond would not have been able to have provided its goods and services without such limitations. In addition, the user further agrees when using the data provided by RepBeyond to comply with all State, Federal, International, and Territory legislation. Failure to comply with legislative requirements in any jurisdiction constitutes a breach of your license and legal action may be taken against you and your organization.
Representations and Warranties. The Service is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use our services. If you do not qualify, please do not use the Service. RepBeyond may, in its sole discretion, refuse the Service to anyone at any time. The Service is not available to temporarily or indefinitely suspended RepBeyond members.
Breach. In our sole discretion, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and any other information you place on the site and reserve the right to pursue any other remedies that may be available to us if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless RepBeyond and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against RepBeyond, its owners, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against RepBeyond, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, , or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination. Either you or RepBeyond may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from RepBeyond if you, in RepBeyond sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by RepBeyond, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through thirteen (2-13) and sixteen through eighteen (16-18) shall survive any termination of the TOS. Any fees paid to RepBeyond are nonrefundable. Any monies owed to RepBeyond at the time of termination must be paid within 10 days of termination.
Governing Law. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Buyer and Seller and RepBeyond consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Orange County, California, U.S.A. Buyer and Seller shall not assign its order or any interest therein or any rights thereunder without the prior written consent of RepBeyond. These Terms constitute the entire agreement between RepBeyond and Buyer and Seller and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Buyer and Seller and RepBeyond with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Seller and RepBeyond. The failure by RepBeyond to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.
Miscellaneous. RepBeyond may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall automatically be effective 15 days after posting, unless an earlier effective date is posted. Use of the Site after the effective date of any amendment shall constitute acceptance of the amendment.
Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
Entire Agreement. The TOS and any other terms and conditions of service on www.RepBeyond.com, and its successor, constitute the entire agreement between you and RepBeyond and govern your use of the Service.