We, ReviewMonitoring.com, run an online service called Reputation/Review Monitoring, found at www.reviewmonitoring.com ("Website"). We're excited for you to try it out. If you have any questions, feel free to reach out to us.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ReviewMonitoring.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.1. Services
Our services include reputation/review monitoring, analysis and linked services ("Services") for You ("You"), the Client ("Client"). We may revise or alter the Services offerings and elements as part of our commitment to ongoing quality service. The Signup/Upgrade/Invoice Form ("Signup Form") lists specific services and the selected Service Plan that Client chooses. Submission of a Signup Form indicates a request for the right to use our Services, according to the terms of this Agreement. Only the Client or an authorized representative of the Client may enter into an agreement for Services.2. Reputation Agent
Submission of a Signup Form for Services authorizes us to become the reputation agent for the Client. Submission indicates that we may utilize the information provided to us, including personal identification data to perform searches on the Internet. We may use any tools available to us to locate and manage personal/product information found on the Internet, in the same way as it would be done directly by the Client.
Client acknowledges that publicly available content is gathered from multiple websites and is stored in order to provide Services. Collectively, the stored data is User Content ("User Content") and may be subject to protection under copyright laws.
If monitoring of online ratings or reviews is included in the Services, as defined in the Signup Form, Client represents and warrants that:
He or she is authorized to release any customer, patient or user information that is provided to us in connection with the Services ("Reviewer Information") including personally identifying information
Our possession and/or use of Reviewer Information on Client’s behalf in connection with the Services will not violate any applicable contract, statute or regulation.
Any content that Client provides and submits for publication on an online review or ratings website as the provider of goods or services is true and accurate, is the original work of the Client, and concerns only the goods and services that Client provides.4. Your ReviewMonitoring.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service. You must immediately notify ReviewMonitoring.com of any unauthorized uses of your account or any other breaches of security. ReviewMonitoring.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
c. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
e. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
f. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ReviewMonitoring.com or otherwise.6. By submitting Content to ReviewMonitoring.com for inclusion on your Website, you grant ReviewMonitoring.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing a Service. If you delete Content, ReviewMonitoring.com will use reasonable efforts to remove it from the Website.
a. General Terms.
Optional paid services such as premium services, or "Market Place" purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay ReviewMonitoring.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
b. Automatic Renewal.
Unless you notify ReviewMonitoring.com before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.9. Premium Fees & API
a. Fees; Payment. By signing up for the Premium service you agree to pay ReviewMonitoring.com the specified monthly fees in exchange for access to the feeds. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. ReviewMonitoring.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium access can be canceled by you at any time on 30 days written notice to ReviewMonitoring.com.
b. Permitted Use. You may use the API to develop a product or service that searches, displays, analyzes, retrieves, and views information available on ReviewMonitoring.com. You may also use the ReviewMonitoring.com's name or logos and other brand elements that ReviewMonitoring.com makes available in order to identify the source of the information.
c. Restricted Use. You may not use the API to substantially replicate products or services offered by ReviewMonitoring.com, including the republication of ReviewMonitoring.com content or the creation of a separate publishing platform. If ReviewMonitoring.com believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the API may be temporarily or permanently revoked, with or without notice.
10. Responsibility of Website Users. ReviewMonitoring.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, ReviewMonitoring.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions, as necessary, to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, copying or use of which is subject to additional terms and conditions, stated or unstated. ReviewMonitoring.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
11. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ReviewMonitoring.com links, and that link to ReviewMonitoring.com. ReviewMonitoring.com does not have any control over those non-ReviewMonitoring.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-ReviewMonitoring.com website or webpage, ReviewMonitoring.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions, as necessary, to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ReviewMonitoring.com disclaims any responsibility for any harm resulting from your use websites and webpages.
12. Copyright Infringement and DMCA Policy. As ReviewMonitoring.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ReviewMonitoring.com violates your copyright, you are encouraged to notify ReviewMonitoring.com in accordance with Digital Millennium Copyright Act ("DMCA") Policy. ReviewMonitoring.com will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. ReviewMonitoring.com will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ReviewMonitoring.com or others. In the case of such termination, ReviewMonitoring.com will have no obligation to provide a refund of any amounts previously paid to ReviewMonitoring.com.
13. Intellectual Property. This Agreement does not transfer from ReviewMonitoring.com to you any ReviewMonitoring.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ReviewMonitoring.com. ReviewMonitoring.com logo, and all other trademarks, service marks, graphics and logos used in connection with ReviewMonitoring.com, or the Website are trademarks or registered trademarks of ReviewMonitoring.com or ReviewMonitoring.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ReviewMonitoring.com or third-party trademarks.
14. Advertisements. ReviewMonitoring.com reserves the right to display advertisements (Market Place) in your account.
15. Attribution. ReviewMonitoring.com reserves the right to display attribution links such as "Reviews By" on your toolbar.
16. Changes. ReviewMonitoring.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ReviewMonitoring.com may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
17. Termination. ReviewMonitoring.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. Disclaimer of Warranties. The Website is provided "as is". ReviewMonitoring.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ReviewMonitoring.com nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
19. Limitation of Liability. In no event will ReviewMonitoring.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ReviewMonitoring.com under this agreement during the twelve (12) month period prior to the cause of action. ReviewMonitoring.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
21. Indemnification. You agree to indemnify and hold harmless ReviewMonitoring.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
22. Miscellaneous. This Agreement constitutes the entire agreement between ReviewMonitoring.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ReviewMonitoring.com, or by the posting by ReviewMonitoring.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Maryland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bethesda, Maryland in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ReviewMonitoring.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.