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WebPRpro, LLC. Terms of use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBPRPRO WEBSITE
By using the WebPRpro LLC website, you agree to follow and be bound by the Terms of Use detailed below, and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use this website. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact our Legal Department.
Please also refer to WebPRpro's
Privacy Policy
and Full Disclaimer which are each incorporated by reference herein.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.
WebPRpro provides an online public relations (PR) and search engine marketing (SEM) service to give visitors an automated software solution to companies, non-profits and individuals to create public relations materials and press releases, as well as enhance their search engine marketing program. The website also publishes general information in the form of basic tips on PR and SEM, as well as educational teleseminars and webinars. WebPRpro’s PR material generation service also includes a review of your answers for completeness, spelling and grammar, as well as internal consistency of names, addresses and the like. At no time do we review your answers for accuracy of information provided, legal sufficiency, draw conclusions, or provide PR or SEM strategy. WebPRpro only generates materials and interfaces with search engines on your behalf based upon the answers and information provided by the user.
This site is not intended to create a PR practitioner-client relationship, and by using WebPRpro, no practitioner-client relationship will be created with WebPRpro.
1. Use. You are responsible for the content and accuracy of all copy and information submitted by you to WebPRpro or any of its news distribution partners. Because of the volume of information and copy submitted to WebPRpro, WebPRpro cannot be responsible for verifying facts contained in user-submitted questionnaire answers or materials.
All press materials created through WebPRpro and any press releases created by WebPRpro and distributed by news wire service partners must contain a user-supplied contact name, phone number and e-mail address that may be verified by WebPRpro and the news wire services.
WebPRpro does not warrant specific placement or pick up of any news by third-parties of any press release or press materials.
You agree to use the WebPRpro service for its intended purpose and not for any illicit purposes including but not limited to, the reverse engineering of the website or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any WebPRpro systems.
WebPRpro reserves the right to refuse service to anyone and to cancel user access at any time.
2. Privacy Policy. WebPRpro respects your privacy and permits you to control the treatment of your personal information. A complete statement of WebPRpro's current privacy policy can be found by clicking here. WebPRpro's privacy policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the WebPRpro website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify WebPRpro immediately of any unauthorized use of your account, user name or password. WebPRpro shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
3. Ownership. This website is owned and operated by WebPRpro, LLC. All right, title and interest in and to the materials provided on this website, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by WebPRpro or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by WebPRpro, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this website shall be construed to confer any license under any of WebPRpro's intellectual property rights, whether by estoppel, implication, or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. WebPRpro does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by WebPRpro. Any rights not expressly granted herein are reserved by WebPRpro.
4. Limited Permission to Download. WebPRpro hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
5. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than WebPRpro (the "Third Party Sites"). WebPRpro works with a number of affiliates and partners whose sites are linked to WebPRpro. WebPRpro is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any website accessed from a Third Party Site, or any changes or updates to such websites. WebPRpro makes no guarantees about the content or quality of the products or services provided by such sites. WebPRpro is not responsible for webcasting or any other form of transmission received from any Third Party Site. WebPRpro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WebPRpro of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that WebPRpro is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
6. Use of the WebPRpro Blog and reader comments. The WebPRpro Blog (the "Blog") is a place where individuals are able to provide comments and exchange ideas on PR, marketing and SEM issues. Access to and use of the WebPRpro Blog and comments is subject to this paragraph, in addition to the other terms and conditions listed.
Rights and Responsibilities of WebPRpro
WebPRpro is not the publisher or author of any comments provided in response to Blog posts. It is a passive service for storage and dissemination of the ideas and opinions that WebPRpro members may choose to post. WebPRpro may not screen comments before they are posted, and no prior approval is required for posting. WebPRpro disclaims all copyright and ownership in such works and all responsibility for them.
WebPRpro may at times post guest Blogs and comments for our visitors. WebPRpro is not the publisher or author of any of these comments or opinions. It is a passive service for storage and dissemination of the ideas and opinions that WebPRpro members may choose to read and evaluate on their own.
WebPRpro has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Blog comment, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements.
Rights and Responsibilities of WebPRpro Blog Users or Other Posters of Comments
You are legally and ethically responsible for any comments/postings - writings, files, pictures, or any other work - that you post or transmit on the Blog comments (or any other WebPRpro service that allows interaction or dissemination of information). In posting a comment to the Blog, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Blog you are responsible for obtaining the copyright holder's permission first.
Under United States Federal law, you retain copyright on all works you create and post to the Blog comments, unless you choose specifically to renounce it. In posting a work on the Blog comments, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to WebPRpro to copy your works as part of the normal backup process. You have the right to remove any of your works from the Blog at any time.
7. NO WARRANTY. THE WEBSITE AND ALL MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBPRPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WEBPRPRO MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, DELAYS OR WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WEBPRPRO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
IN NO EVENT SHALL WEBPRPRO HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DAMAGES OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVING OR OTHER CONSEQUNTIAL, SPECIAL, INCIDENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL WEBPRPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WEBPRPRO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification. You agree to defend, indemnify and hold harmless WebPRpro, its officers, directors, shareholders, advisors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the WebPRpro Website and the Materials.
10. Unsolicited Submissions. WEBPRPRO DOES NOT WANT YOU TO SUBMIT CONFIDENTIAL OR PROPRIETARY INFORMATION TO IT THROUGH THIS WEBSITE OR TO ANY OF IT REPRENSENTATIVES. All comments, feedback, information or material submitted to WebPRPro through or in association with this Website shall be considered non-confidential and WebPRpro’s property. By providing such submissions to WebPRpro you hereby assign to WebPRpro, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. WebPRpro shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
11. Compliance with Intellectual Property Laws. When accessing WebPRpro or using WebPRpro's PR material and SEM preparation service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.
WebPRpro has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of WebPRpro or of a third party or that violate intellectual property rights generally. WebPRpro's policy is to remove such infringing content or materials and investigate such allegations immediately.
If you believe that your copyright has been infringed, and you would like WebPRpro to remove the material in question, please contact our legal department.
12. Inappropriate Content. When accessing the WebPRpro website or using WebPRpro's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. WebPRpro reserves the right to terminate or delete such material from its servers. WebPRpro will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
13. Compliance with Export Restrictions. You may not access, download, use or export the Website or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
14. Children. Minors are not eligible to use the Website, and we ask that they do not submit any personal information to us.
15. Governing Law; Venue. By using this Website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Website or Materials shall be instituted in a state or federal court in California, and in the County of San Diego. You and WebPRpro agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.
16. Copyrights. All Website design, text, WebPRpro created materials and reports, graphics, seminars, and the selection and arrangement thereof, Copyright © 2008 WebPRpro.com, Inc. ALL RIGHTS RESERVED. You agree that WebPRpro IP, website, software and databases contain valuable information, and you agree not to duplicate, modify, decompile, re-skin, transfer, create other works from, or disassemble any copy or IP created or sold by WebPRpro without permission. You also agree that copyrights for any unpaid work created by WebPRpro or returned to WebPRpro for money back (less hard costs) will belong to WebPRpro under its copyrights.
17. Trademarks. WebPRpro, WebPRpro.com, the tri-colored WebPRpro logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of WebPRpro. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
18. Confidentiality. As used herein, “Confidential Information” shall mean any and all technical and non-technical information provided to you by WebPRpro, including but not limited to (a) financial information, business plans, procurement requirements, information regarding purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, or marketing plans, (b) trade secrets, (c) patent and patent applications and information, and (d) other proprietary information relative to WebPRpro’s services and products, including without limitation, ideas, samples, media, techniques, sketches, drawings, works of authorship, models, inventions, know-how, tips, templates, emails, seminars, questionnaires, processes, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services, and including, without limitation, respective information concerning research, experimental work, development, design details and specifications, engineering and information.
19. Non-compete. You agree that WebPRpro IP, software and databases contain valuable and confidential information and you agree not to duplicate, modify, reverse engineer, decompile, re-skin, transfer, create other works from, or disassemble any software programs or IP created or sold by WebPRpro in order to sell or compete with WebPRpro. You agree that by doing so, WebPRpro has the right to pursue its rights in the full extent of the law.
20. Purchase. For full and valid payment for a service designated as purchased, WebPRpro grants the customer a limited right to access the questionnaire related to the specific service for which the customer has made payment. This access right will be in place until either of the following events occurs ("access period"): a) 365 days elapse following the day the customer provides WebPRpro with full and valid payment for the service in question, or b) the customer submits a new, revised questionnaire for processing.
In the event that a full and valid payment HAS NOT BEEN MADE TO WebPRpro after submitting a completed questionnaire, WebPRpro grants the visitor limited access for a period of no more than 30 days. Upon which the user must submit new information and start the process again or pay in WebPRpro in full.
Upon the termination of the access period, any and all rights created in the customer to access the questionnaire expire. If the access period lapses without submission of the product questionnaire for processing, WebPRpro has no further obligation to customer including, but not limited to, providing access to the WebPRpro questionnaire (s), delivering the materials, and any refund of monies. This section is subject to all other provisions of the Terms of Use including, but not limited to, section six ("NO WARRANTY"), above.
21. Acknowledgement. BY USING WEBPRPRO'S SERVICES OR ACCESSING THE WEBPRPRO WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
Disclaimer. WebPRpro is not a PR or SEM firm, and the employees of WebPRpro are not acting as your account executive in that capacity. WebPRpro's PR and SEM service is not a substitute for the advice of a PR or SEM practitioner. WebPRpro LLC does not provide PR or SEM strategic advice and can only provide general tips of the trade and self-help services at your specific direction.
By using WebPRpro to assist with your PR and SEM program you agree you have been informed of the PR and SEM services that WebPRpro is performing, and the cost of these services.
WebPRpro in no way warranties or guarantees the accuracy of materials or the results you will see from using WebPRpro.com and its services. All outcomes are individual and varied.