Last Updated: June 19, 2020
Access to the Services is intended only for users located within the United States. RepSource™ makes no representation or warranty of any kind that use of the Services outside of the United States is lawful or permissible. Those who access the Services from other jurisdictions are responsible for their compliance with local laws pertaining to the use of the Services. The Services are also not intended for use by minor children. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.
Note that these Terms may be updated from time to time, and any user’s continued use of the Services after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check these Terms periodically for updates
- Access to and Use of the Services
Access to certain portions of the Services is restricted to registered users. To register an account and/or make a purchase through our Services, you may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all transactions related to the Services, including without limitation purchases and/or registration for products and/or services. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Services and/or through your account/profile.
A. License Grant. Subject to these Terms, RepSource™ grants you a limited, non-exclusive, and non-transferable license to access and use the Services as made available on the Site or through any RepSource™ mobile application, strictly in accordance with these Terms.
B. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Services or when speaking to a RepSource™ representative over the phone, is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering for our Services. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services on any public computer.
C. Limitations on Use. The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
- in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property rights, or moral right, or right of publicity);
- in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;
- share or sell information derived from or related to the Services, the Site, or any content thereof;
- modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;
- knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
- circumvent, disable, or otherwise interfere with security-related features on the Services or features that prevent or restrict use or copying of any content;
- use the Services to collect or store Personal Information about other users;
- knowingly include or use any false or inaccurate information in any customer account;
- in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
- attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Services;
- attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services;
- transmit or upload any material to the Services that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
- use the Services in any way that competes with us; or
- encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Services. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SERVICES OR TO RETAIN THE CONTENT ON THE SERVICES UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
D. User Feedback and Suggestions. All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to RepSource™ or otherwise disclosed, submitted, or offered concerning the Services in connection with your use of the Services (collectively, “Feedback”) will be RepSource™’s property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to RepSource of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. RepSource™ will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.
E. Ongoing Subscription and Fees. While we may offer certain functions of the Services for free, we charge fees for upgrades to additional functions. If you subscribe to a paid service, we will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. RepSource™ reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
F. Payment, Fees, and Other Charges. If you elect to access any paid component of the Services, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.
G. Cancellation, Termination, and Account Deletion. You may cancel your account at any time by emailing us at firstname.lastname@example.org. At cancellation, your account will be inactivated and you will no longer be able to log into your account. RepSource™ may terminate your password, account, or use of the Services at any time if you breach or otherwise fail to comply with these Terms or RepSource’s then-current payment or refund policies if any and as applicable. In addition, RepSource may terminate a free account at any time in its sole discretion. If Services are suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Services, including the payment of any fees required to be paid by a new subscriber.
H. Updates and Outages. RepSource™ may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that RepSource™ has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Additionally, it may be necessary for RepSource to perform scheduled or unscheduled repairs, maintenance, or upgrades, and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Service. RepSource provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you.
I. Links to Third-Party Websites. This Services may contain links to other websites on the Internet, which are not maintained by us. When you leave the Services, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
J. Reliance on Information Posted. We reserve the right to modify the Services in our sole discretion without notice. We will not be liable if, for any reason, any part of the Services or the entire Site is unavailable for any period of time. Periodically, we may restrict access to portions of the Services or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within the Services. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Services by you or any other user of the Services, or by anyone who may be informed of any of its contents.
K. Carrier Fees. Use of the Services may involve the transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. RepSource™ assumes no liability or responsibility for the payment of any charges you may incur.
- Intellectual Property
The Services, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, RepSource™ owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s) as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Services content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Services without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Services, including but not limited to the underlying Services and the content published herein, by your use of the Services. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence. RepSource™ and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
THE SERVICES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
REPCARDZ™, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES OR INFORMATION FOUND ON THE SERVICES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW
- Your Security and Privacy
A. You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Services to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such an event, the exclusions shall apply to the fullest extent permitted under applicable law.
A. User Content. The Services may contain areas in which you may post or upload user-generated content, including profile pictures, feedback, posts, other materials or items (collectively, “User Content”). You are solely responsible for your use of any User Content you submit.
By submitting any User Content, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right; or (h) uses the name or likeness of an identifiable natural person without such person’s consent.
B. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
Our designated copyright agent to receive DMCA Notices and Counter-Notices (as further defined below) may be contacted at email@example.com.
C. Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving a copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
D. License Grant of User Content. You retain ownership rights in your User Content. However, by providing User Content to the Service, you grant to RepSource™ a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that User Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and RepSource™ (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
- Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE REPCARDZ™, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES.
You acknowledge that you are responsible for any actions you take while using the Services. You recognize that your use of the Services and any subsequent actions arising from your use of the Services are taken solely at your own risk.
IN NO EVENT WILL REPCARDZ™, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless RepSource™, our licensors, and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of the Services;
- your violation of any of the provisions of these Terms;
- any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Services, other than as expressly authorized in this Terms and your use of any information obtained from the Services or any information you provide to the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Users under 16 years old
- Assignment; Change in Control.
You may not assign your account or these Terms in whole or in part, for any reason. These Terms will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns. RepSource™ may assign this agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent.
We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Services and these Terms to check for any changes
- Force Majeure
No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.
- Governing Law and Venue
This Terms shall be construed, governed, and enforced under the laws of the United States and the State of Texas (without regard to rules governing conflict of laws), and any disputes, actions, claims, or causes of action arising out of or in connection with the Terms or the Services, with the exception of claims for injunctive relief, will be resolved in an arbitration administered by the American Arbitration Association and located in Austin, Texas. You may not, and hereby agree that you will not, under any circumstances commence or maintain against RepSource™ any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against RepSource™ may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
RepSource™ may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in RepSource’s account information, or by written communication sent by first-class mail or pre-paid post to your address on record in RepSource™’s account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to RepSource™ (such notice will be deemed given when received by RepSource™) at any time by any of the following: e-mail at firstname.lastname@example.org; letter sent by confirmed facsimile to RepSource™ at the following fax number: (888) 684-7379; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to RepSource™, LLC, 11211 Taylor Draper Lane, Suite 110, Austin, Texas 78759.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision
No joint venture, partnership, employment, or agency relationship exists between you and RepSource™ as a result of the Terms or use of the Services. The failure of RepSource™ to enforce any right or provision in the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by RepSource™ in writing.
- Contact Us
To ask questions or comment about these Terms, you may contact us at:
E-mail Address: email@example.com
Mailing Address: Attention: Website Inquiry
11211 Taylor Draper Lane, Suite 110
Austin, Texas 78759