Terms of Service
Terms of Service
These Terms and Conditions, combined with the engagement letter and any Statement of Work relating to the services entered into by the parties, contain the general terms and conditions pursuant to which RemovePersonalInformation.com will provide certain services to Client.
License and Ownership.
Client hereby grants RemovePersonalInformation.com and its authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the agreement), sub-licensable (as necessary to perform the services) prescription to use, reproduce, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit any intellectual property, including content, trademarks, logos, photos, videos, advertisements, information, and other materials provided or identified by Client to RemovePersonalInformation.com under this agreement (the “Client Materials”) as necessary for RemovePersonalInformation.com to perform the services in this agreement. Client acknowledges and agrees that RemovePersonalInformation.comwill not own, subject to any Client Materials therein, any right, title, and interest in and to any materials, content, or other works of authorship created by or on behalf of RemovePersonalInformation.com and used in connection with the services provided under this agreement. Client is authorizing RemovePersonalInformation.com to create and use Client Materials, title, and Trademarks only for the purpose of this campaign. RemovePersonalInformation.com acknowledges and agrees that Client will own all right, title, and interest in and to any Client Materials and will hand over all digital assets; content, online profiles, and websites created along with any applicable administrative logins and passwords associated with said digital assets.
Client agrees to defend, indemnify, and hold RemovePersonalInformation.com harmless from and against any and all damages, losses, liabilities, and costs brought or alleged by third parties relating to or arising from the services performed under this agreement. Client agrees to indemnify and hold RemovePersonalInformation.com harmless from and to promptly reimburse RemovePersonalInformation.com for all costs and expenses, including storage costs and personnel time, relating to requests or requirements from Client or a third party for RemovePersonalInformation.com to provide, maintain, preserve, collect, or otherwise process any information, data, or materials relating to the services performed by RemovePersonalInformation.com for Client.
Limitation of Liability.
IN NO EVENT WILL REMOVEPERSONALINFORMATION.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY REMOVEPERSONALINFORMATION.COM. REMOVEPERSONALINFORMATION.COM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY REMOVEPERSONALINFORMATION.COM (OTHER THAN FOR PAYMENT OF ANY OTHER AMOUNTS OWED UNDER THIS AGREEMENT), WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO REMOVEPERSONALINFORMATION.COM BY CLIENT UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE LIABILITY. Client acknowledges that the fees set forth in this agreement reflect the allocation of risk set forth in this agreement and that RemovePersonalInformation.com would not enter into this agreement without these limitations on its liability.
All notices, consents, and approvals under this agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) and will be effective upon receipt. All waivers must be in writing. Any waiver or failure to enforce any provision of this agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Client agrees that the Limitation of Liability will remain in effect notwithstanding the unenforceability of any provision in Disclaimer of Warranty; No Guaranty. Client will not be entitled to specific performance of this Agreement for any reason. This agreement will be governed by the laws of the State of Arizona without reference to any conflict. This agreement will be governed by the laws of the State of Arizona without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction and both parties irrevocably submit to the jurisdiction and venue of federal and state courts in the State of Arizona. This agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Client’s relationship to RemovePersonalInformation.com is that of an independent contractor, and neither party is an agent or partner of the other. Client will not have, and will not represent to any third party that it has, any authority to act on behalf of RemovePersonalInformation.com. Any delay in the performance of any duties or obligations of NetReputation.com will not be considered a breach of this agreement if such delay is caused by a labor dispute, Internet outage, fire, earthquake, flood, or any other event beyond the control of RemovePersonalInformation.com, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. This agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This agreement may be amended only by a written document signed by both parties.
Client represents and warrants that all information provided to RemovePersonalInformation.com is accurate and truthful, that Client has the right to enter into this Agreement, that the execution and performance of this agreement does not violate any other contract or obligation to which Client is a party or is otherwise bound, and that the Client Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.