Please take the time to read our User Agreement below. The User Agreement addresses various rights and responsibilities of those who use the services offered by Brand.com.
Last Updated November 14, 2013
This User Agreement (the "Agreement") outlines the terms and conditions of the relationship between Brand.com, Inc (hereinafter referred to as "Brand.com", the "Company", "we", "us," or "our") and you ("you", "your", the "Customer"). Brand.com provides online privacy and brand-management related services (the "Services") for the Customer.
The Services we provide are generally described on the various pages of our website, which can be accessed at http://www.brand.com. We may change the description or content of our Services and/or the user agreement at any time.
Brand.com does not guarantee or warrant that we will find or communicate to you every example or all examples of Internet content about the Customer. Brand.com, moreover, does not guarantee or warrant that it will be successful in effecting suppression or alteration, if such service is to be performed, of any Internet content about the Customer.
You authorize us to advocate on your behalf to defend your online brand. We are not your lawyer and cannot dispense legal advice, nor does this Agreement or the Services create any attorney-customer relationship or legal representation.
If the Services rendered for you require that we collect information from you, then you agree to provide the information required by us, and understand that the better the information you provide the better results you'll see. You authorize us to use your information to create content on your behalf that Brand.com will disseminate online. 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 websites we deem fit for the purposes of the Services rendered. You authorize us to modify any content as we see fit to provide our services. 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. In addition to the general release, below, you specifically release and hold us harmless for all damages caused as a result of the Services rendered by us, including any damages resulting from publication of the content you provide us, disclosure of your relationship with Brand.com, or any other cause.
In connection with the Services, Brand.com may collect additional information about you (for example, known usernames/screennames, addresses, etc). You represent and warrant that all information you provide in connection with Brand.com Services is correct and accurate to the best of your knowledge. The ability of Brand.com to locate Internet content concerning the Customer is limited by the quality of information provided. You agree to release and hold harmless Brand.com from any loss or damage caused to you resulting from inaccurate or false representations of information. Further, you agree to indemnify Brand.com against any loss or damage caused to Brand.com resulting from fraudulent or malicious representations of information made to Brand.com.
PAYMENT FOR SERVICES AND TERM OF SERVICES
The pricing and term of our services shall be governed by the terms contained in the Action Plan entered into between Customer and Brand.com. In the event that any payment to Brand.com is more than thirty (30) days past due, then said amount shall accrue interest at the rate of five percent (5%) per year. In the event that Brand.com initiates legal proceedings to enforce any terms of the Customer's Action Plan and/or this User Agreement, including legal proceedings to collect payments due to Brand.com, then Brand.com shall be entitled to recover as damages all costs, including collection costs and reasonable attorney's fees incurred in connection with said legal proceeding.
Any request to pause or cancel a campaign will take up to Three (3) days to process. Any request to pause or cancel a campaign that is submitted within Three (3) days of the start of a new billing cycle will not become effective until the following billing cycle. All requests to pause or cancel a campaign shall be submitted via e-mail and sent to [email protected].
POSSESSION AND OWNERSHIP OF CONTENT
In fulfilling its services for Customers, Brand.com will create online/internet web-based content. Any and all online material/content created or backlinked to by Brand.com,shall be deemed and hereinafter referred to as the "assets." The assets that Brand.com creates shall remain the possession of Brand.com.The clients existing assets or previously existing web content that is backlinked to Brand.com, shall remain the property of the customer or the third party owner. Brand.com shall bear no responsibility for transferring the "assets" created in connection with a Customer's campaign to a server directed by a Customer. The specific domain names which Brand.com creates and/or uses for online/internet content regarding a Customer can be transferred to a Customer upon the customer's request, if the Customer has opened an account with "godaddy.com or 1and1.com." Likewise, the Customer may use any of the content or copy existing on any of the websites created by Brand.com for that Customer as they see fit, but the underlying "assets" created by Brand.com for the implementation of the web content will not be transferred to the Customer, as explained above.
LIMITATIONS ON USE OF SERVICES
Brand.com does not allow its service to be used for illegal activities, nor activities that Brand.com deems improper for any reason whatsoever in its sole judgment. Brand.com reserves the right to take preventative or corrective actions to protect itself and its customers, subscribers, and users. We reserve the right to refuse service to anyone, or to refuse to perform any type of service, at any time. Malicious or fraudulent use of the Services is absolutely forbidden.
Brand.com may notify the Customer at any time that Customer's use of Brand.com's service violates Brand.com's judgment as to what constitutes an acceptable use of the services. Upon Brand.com's discovery that Customer's use of the service violates Brand.com's opinion as to what constitutes an acceptable use of the Services, Brand.com will notify Customer of the use which violates Brand.com's judgment and reserves the right to cancel any existing agreement for services with the Customer, and shall bear no responsibility to return to Customer any fees paid to Brand.com.com thereunder.
Users of Brand.com must truthfully and accurately represent their identities in subscribing and using the Company's Services. You represent and warrant that you are truthfully representing your identity, and agree to release and hold harmless Brand.com for any loss or damage to you resulting from a false or inaccurate representation of identity. Further, you agree to indemnify Brand.com against any loss or damage caused to Brand.com resulting from fraudulent or malicious representations of identity made to Brand.com.
INDEMNITY AND LIMITATION OF LIABILITY
You agree that you will Indemnify and hold harmless Brand.com, Inc, and its members, officers, directors, and employees, from all claims arising out of or related to your access or use of, or your inability to access or use, Brand.com's services, this Web site, or the information contained in this Web site or other web sites to which it is linked.
You agree to indemnify, hold harmless and defend Brand.com, Inc and its wholly owned subsidiaries, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Brand.com, Inc or any of its members,officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Brand.com, Inc or any of its members, officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your fraudulent or malicious use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services. In such a case, Brand.com, Inc 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. Brand.com, Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
DISCLAIMER OF WARRANTY
THE SERVICE, THE SOFTWARE, THE REPORTS, AND ANY AND ALL RELATED AND ANCILLARY SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BRAND.COM AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. BRAND.COM DOES NOT WARRANT THAT THE SERVICES OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
BRAND.COM WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), 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.
Brand.com does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Brand.com's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Brand.com's servers are located or co-located. Complete accuracy in all aspects of your reports at all times also is not guaranteed.
REFUND POLICY STATEMENT
All sales of Brand.com services are final. No refunds shall be given by Brand.com, or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Further, the Customer acknowledges and accepts the risk that Brand.com may not succeed in suppressing all Internet content about the Customer. The Customer also acknowledges and accepts the risk that Brand.com, may not succeed in effecting the suppression of any Internet content about the Customer. No refunds shall be given by Brand.com 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 further understands that, because the Company is an Internet-based business, the Company never actually takes physical possession of the customer's credit card; the Customer acknowledges that, for this reason, the Company would normally have difficulty prevailing in credit card charge disputes with the Customer relative to a physically-based business. The Customer therefore foregoes his or her right to dispute the credit card charges he or she incurs with the Company.
90 DAY MONEY BACK GUARANTEE
All customers who initiated an online brand management campaign prior to November 14, 2013 may be eligible to assert a request for a refund under the terms of the applicable "90 Day Money Back Guarantee" which existed at the time of the customer' enrollment with Brand.com. To view the prior version or our User Agreement, containing the "90 Day Money Back Guarantee," please click here...
MODIFICATION OF USER AGREEMENT
Brand.com reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Services provided to Customer, at any time, by posting the new agreement to the site located at http://www.Brand.com (or such other URL as Brand.com may provide). You are responsible for regularly reviewing the Agreement and related documents. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Brand.com or posted to the Brand.com website by a duly authorized representative of Brand.com.
MISCELLANEOUS, INTEGRATION, APPLICABLE LAW AND VENUE
Brand.com shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. Among many other factors, our services depend heavily on privacy law in the United States, the various States and Territories, and other jurisdictions. The law can and will change in the future and such changes are outside the control of Brand.com. We cannot predict the impact of future changes in the law. Some legal changes, including but not limited to legislation or judicial interpretation, may render it more difficult or impossible for us to perform the services offered.
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of Pennsylvania without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Pennsylvania law, rules, and regulations, Pennsylvania law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the State and Federal Courts located within the Federal Eastern District of Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Brand.com's prior written consent, and any such attempt is void.
Thank you for having read our User Agreement. We encourage you to contact us is you have questions about our User Agreement or the services we render.