The following terms and conditions govern all use of The Reputation Bank training and planning program, website and all content, services and products available at or through the Reputation Bank program (the Program), author Marylou McNally (the Author), and TheReputationBank.com (the Website.) The Program and the Website are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Website Privacy Policy) and procedures that may be published from time to time on this site (collectively, the Agreement).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website and/or the Program, 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, including purchase and use of the Program.
Your Account, Website and Program Security
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website.
If you license and use the Program, you are entirely responsible for the information/data/content you share within the Program as well as your compliance with applicable local, state, federal laws and regulations, as well as your employer’s policies and Code of Conduct.
Responsibility of Program Users
You are entirely responsible for the content of, and any harm resulting from, that content posted within the Program. By making posting content, you represent and warrant that:
• 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;
• 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, or (ii) secured from your employer a waiver as to all rights in or to the content;
• 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;
• the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
Responsibility of Website Visitors
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 Author 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.
Copyright Infringement
The Author, Program and Website have adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”).
If you believe that content residing on the Program or Website infringes a copyright, you may send a notice of copyright infringement containing the following information to info@TheReputationBank.com:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Author is capable of finding it and verifying its existence. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Author will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at info@TheReputationBank.com confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. In an effort to be transparent in removing or restricting access to user-uploaded content, Author may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods. After removing access to the material pursuant to a valid DMCA notice, Author will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Author reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications. Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Author by providing the following information to the Designated Agent at the address above: The specific URLs of material that Author has removed or to which Author has disabled access. Your name, address, telephone number, and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Essex County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your Signature
Upon receipt of a valid counter-notification, Author will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Author does not receive any such notification within ten (10) days, we may restore the material to the Services.
Intellectual Property
This Agreement does not transfer from Author to you any of the Author’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Author, and all other trademarks, service marks, graphics and logos used in connection with the Author, or the Website are trademarks or registered trademarks associated with the Author. 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 Program or Website grants you no right or license to reproduce or otherwise use any Program, Website, or third-party trademarks or content beyond the parameters of purchased license(s).
Changes
Author reserves the right, at 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. Author may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources) and the Program. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Author may terminate your access to your Website account and Program license(s) if you violate term(s) of this Agreement, with or without notice, effective immediately. 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.
Disclaimer of Warranties
The Website and Program are provided ‘as is’. Author 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 Author, nor suppliers and licensors, makes any warranty that the Website or Program will be error free, effective, produce any communications or reputation outcomes for your or your organization, 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.
Limitation of Liability
In no event will Author, or 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 or 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 Author under this agreement during the twelve (12) month period prior to the cause of action. Author 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.
General Representation and Warranty
You represent and warrant that (i) your use of the Website and/or Program will be in strict accordance with The Reputation Bank Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and/or Program will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Marylou McNally, related contractors and licensers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of the Website and The Reputation Bank training and planning program, including but not limited to out of your violation this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Marylou McNally, the Website, The Reputation Bank training and planning program, and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Marylou McNally. 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 Illinois, U.S.A.