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These are the terms and
conditions
for service and website usage. Please read this document
carefully before accessing or using the site or contracting with
Web Reputation Guard for any service or related services. By
accessing or using the site or service, you agree to be bound by
the terms and conditions set forth below. If you do not wish to
be bound by these terms and conditions, you may not access or
use the site or hold any liability toward Web Reputation Guard for
service. Web Reputation Guard may modify this agreement at any
time, and such modifications shall be effective immediately upon
posting of the modified agreement on the site. You agree to
review the agreement periodically to be aware of such
modifications and your continued access or use of the site shall
be deemed your conclusive acceptance of the modified agreement.
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1.) |
COPYRIGHT,
LICENSE AND IDEA SUBMISSIONS. The entire contents of the
Site are protected by international copyright and
trademark laws. The owner of the copyrights and
trademarks are Web Reputation Guard, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of the eBook or material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to Web Reputation Guard a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to Web Reputation Guard by all means and in any
media now known or hereafter developed. You also grant
to Web Reputation Guard the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against Web Reputation Guard for any alleged or actual
infringement or misappropriation of any proprietary
right in your communications to Web Reputation Guard |
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2.) |
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
service marks of Web Reputation Guard Other product and
company names mentioned in the Site may be the
trademarks of their respective owners. |
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3.) |
USE OF THE SITE.
You
understand that, except for information, products or
services clearly identified as being supplied by Web
Reputation Guard Web Reputation Guard does not operate, control
or endorse any information, products or services on the
Internet in any way. Except for Web Reputation Guard-
identified information, products or services, all
information, products and services offered through the
Site or on the Internet generally are offered by third
parties, that are not affiliated with Web Reputation
Guard
a. You also understand that Web Reputation Guard cannot
and does not guarantee or warrant that files available
for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties.
You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the
reconstruction of any lost data. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. WEB REPUTATION GUARD PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE 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 SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND WEB REPUTATION GUARD
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. WEB REPUTATION GUARD DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE ADULT NATURED OR GRAPHICALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WEB REPUTATION GUARD HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS. |
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4.) |
CONFIDENTIALITY. The
client shall keep confidential all information that is
provided to the client, their employees, affiliates and
agents (the “receiving party”) in connection with the
performance of this agreement that is proprietary in
nature, including but not limited to all technical data,
know how, methods, processes and procedures used to
optimize the client’s website(s). The receiving party agrees that, during the term and
thereafter, it will keep the Confidential information in
strictest confidence and, in addition, protect such Confidential
information by no less stringent security measures as it takes
to protect its own Confidential information, but by at least
reasonable security measures. The receiving party also agrees
that it will not use any Confidential information for any
purpose other than in connection with the performance of its
obligations under this agreement. The parties recognize that the
disclosure of Confidential information by the receiving party in
violation of the provisions of this section would cause
irreparable injury to the Disclosing party; therefore, in the
event any party breaches or threatens to breach the provisions
of this section, the other party, in addition to any other
remedies it may have, will be entitled to preliminary and
permanent injunctive relief without the necessity of posting a
bond. |
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5.) |
PROGRAM OVERVIEW.
Web Reputation Guard will fully work to improve search
results for its clients. Some activities can but do not
have to encompass and are not limited to: keywords
management, ad group management, campaign organization,
quality score modification, position modification, bid
management, cost per click management, analytics,
conversion tracking, ad text copy, search network
management, content network management, and search
engine optimization adjustments to websites. Web
Reputation Guard agrees to provide its clients any
information about regarding their own campaign at any
time, including its reporting, and or explanation to its
reporting upon request. |
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GUARANTEE.
Web Reputation Guard offers no guarantee or implication to any
client that the service provides with regard to ad
position or ranking, return, ROI, or any other measurement
of service. |
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7.) |
AFFILIATION.
Web Reputation Guard is not a representative of, nor is directly
affiliated with, nor is contracted with any search
engine including Google, Yahoo!, Bing, or Ask.com.
Although Web Reputation Guard may be endorsed by the above search
engines and does operate with search engine provided tools and
interfaces and may carry various designations as a qualified
service manager for search marketing service, Web Reputation
Guard
is not a part of and does not hold itself to be any search
engine. |
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8.) |
LIMITATION OF
LIABILITY. IN NO EVENT WILL WEB REPUTATION GUARD BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF WEB REPUTATION GUARD OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, WEB REPUTATION GUARD LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW. Web Reputation
Guard
makes no representations whatsoever about any other web
site which you may access through this one or which may
link to this Site. When you access a non- Web Reputation
Guard web site, please understand that it is independent
from Web Reputation Guard, and that Web Reputation Guard has
no control over the content on that web site. In
addition, a link to a Web Reputation Guard web site does
not mean that Web Reputation Guard endorses or accepts any
responsibility for the content, or the use, of such web
site. |
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9.) |
INDEMNIFICATION.
You
agree to indemnify, defend and hold harmless Web
Reputation Guard, its officers, directors, employees, agents,
licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service. |
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10.) |
THIRD PARTY RIGHTS.
The provisions of paragraphs 3 (Use of the Site), and 9 (Indemnification) are for the benefit of
Web Reputation Guard and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce
those provisions directly against you on its own behalf. |
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11.) |
PAYMENT.
Pricing
will be based on a monthly basis and according to the
Client’s budget with regard to size and/or necessary
work to be performed. Once the first monthly payment is
made to Web Reputation Guard for service, the contracted
services shall commence. With the client's choice of
continuance, payments shall continue to be due every
(30) days unless client otherwise chooses to discontinue
services after the 30-day period of paid coverage. This
contract may be cancelled at any time by the client with
(14) days written notice. Client agrees to be
responsible for all payments due to Web Reputation Guard
up until 14 days after the written receipt of
cancellation. Payments that are more than 14 days late
will be assessed a 10% late fee. |
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TERM; TERMINATION.
This Agreement may be terminated by either party,
for any reason, by giving a 14 day written notice to the
opposite party. Cancellation of services or request for services
to be canceled by Client must be transmitted via email to Web
Reputation Guard at info@webreputationguard.com. The provisions
of paragraphs 1(Copyright, Licenses and Idea Submissions), 2
(Trademarks) 3(Use of the Site or Service), 4(Confidentiality),
7(Affiliation), 8(Limitation of Liability), 9(Indemnification),
10(Third Party Rights) and 13(Miscellaneous) shall survive any
termination of this Agreement. |
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13.) |
REFUND POLICY.
All
services rendered by Web Reputation Guard are
non-refundable. This includes, but is not limited to:
setup fees, one time fees, monthly service fees, upgrade
fees, additional service fees, administrative fees, and
late fees. Web Reputation Guard reserves the discretion to
refund clients who rightfully deserve refunds. |
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CHARGEBACK POLICY
AND PROCEDURES. Purchases will appear on your
credit/debit card statement as “Web Reputation Guard” or “WebReputationGuard”.
Purchases and services may be disputed when and only if 1) the
CLIENT believes they never ordered such services from Web
Reputation Guard, 2) the CLIENT has previously contacted Web
Reputation Guard to resolve matters for unauthorized charges, and 3)
the CLIENT has not been able to resolve such issues within 30
days of initial contact with Web Reputation Guard, OR 1) the
CLIENT believes the charge to their credit card was issued for
the wrong amount, 2) the CLIENT has previously contacted Web
Reputation Guard to resolve matters for miscalculated charges, and 3)
the CLIENT has not been able to resolve such issues within 30
days on initial contact with Web Reputation Guard Customers
seeking to resolve billing errors are instructed to email the
billing department at billing@WebReputationGuard.com. Customer
agrees not to chargeback any charge card payments for ‘services
rendered’ or ‘services not rendered’. A chargeback of payment
for ‘services rendered’ or ‘not rendered’ will result in an
additional charge of $150 and will be subject to collection by
an authorized collection agency. A chargeback will result in
immediate service termination. Service fees for ‘services
rendered are never refundable and will always be subject to the
Chargeback Abuse Policy standards herein below. If chargeback
originated for reasons caused by unauthorized charges, providing
a signed authorization form from CLIENT agreeing to services
will waive any right to further dispute charges from Web
Reputation Guard |
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CHARGEBACK ABUSE
POLICY. ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED
BY CLIENTS WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT
BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION
COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR
UP TO 7 YEARS.
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You agree not abuse any merchant service provider chargeback
policy and any chargeback policy and procedures above. You agree
not to file a credit card or debit card chargeback for the
reason of ‘services rendered” or ‘services not rendered’. Filing
a chargeback for “services not rendered’ is to be considered a
breach of this agreement. In the event that you breach this
agreement and have filed a chargeback, upon a resolution in our
favor of the chargeback by either the credit card issuing bank,
the credit card processor or by VISA or MASTERCARD, terminate
your chargeback with the issuing bank immediately, and you agree
to reimburse Web Reputation Guard for any costs incurred in
researching and responding to such chargeback, including without
limitation, our actual costs paid to the credit card processor
or our banks, other third parties, and the reasonable value of
the time of our employees and owners spent on the matter, as
determined in our discretion in good faith. You further agree
that all dispute resolution procedures below will be deemed
waived by you, and that these amounts will be added to the
original chargeback amount, and that this total amount will then
be immediately due and payable.
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In the event that a chargeback is placed or threatened on a
purchase or order of services rendered not rendered, we also
reserve the right to report the incident for inclusion in
chargeback abuser database(s) of our choosing and in our sole
discretion. The information reported will include name, email
address, order date, order amount, IP address, full address, and
phone number. Being listed on such databases may make it more
difficult or even impossible for you to use (any of) your credit
card(s) on future purchases with us or other merchants.
Chargeback abusers wishing to be removed from the database shall
make payment to us for any outstanding amount owed to us + $150
for processing and handling by wire transfer or such other means
as we may require.
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Anyone who has committed chargeback abuse will also be reported
to all major credit bureaus and/or collection agencies as a
delinquent account. All legal fees and collection fees accrued
in the entire process will be added to the total collection
amount owed by abuser. |
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MISCELLANEOUS.
This
Agreement shall all be governed and construed in
accordance with the laws of Delaware, United States of
America applicable to agreements made and to be
performed in Delaware, United States of America. You
agree that any legal action or proceeding between Web
Reputation Guard and you for any purpose concerning this
Agreement or the parties’ obligations hereunder shall be
brought exclusively in a federal or state court of
competent jurisdiction sitting in Delaware, United
States of America. Any cause of action or claim you may
have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Web Reputation Guard’s failure to insist upon or enforce
strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of
this Agreement. Web Reputation Guard may assign its rights
and duties under this Agreement to any party at any time
without notice to you. Any rights not expressly granted
herein are reserved. |
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