These terms and conditions govern your access to and use of Defendoc.com’s websites and your purchases of products and services from Defendoc.com. By using the website located at http://www.defendoc.com, or by purchasing products and services throughout this site, or by continuing to accept the services you have purchased, you are agreeing to these terms and conditions and are entering a legally binding contract with Defendoc.com. This agreement defines the relationship between Defendoc.com and you. If you are entering into this agreement on behalf of a company or other legal entity, you also represent that you have the legal authority to bind such entity to the terms. If you do not have the legal authority or if you do not agree with these terms, you must not accept this agreement and may not access Defendoc.com or its services.

 

This agreement defines the relationship between Defendoc.com and you. If you are entering into this agreement on behalf of a company or other legal entity, you also represent that you have the legal authority to bind such entity to these terms, in which case you refer to such entity. If you do not have such legal authority, or if you do not agree with these terms, you must not accept this agreement and may not use Defendoc.com or services.

 

We reserve the right to amend or terminate any terms of this agreement at any time and such amendment or termination will be effective at the time we post the revised terms on the site. Your continued use of the site or services after we have posted revised terms signifies your acceptance of such revised terms. No amendment to or modification of this agreement will be legally binding unless posted to the site by our legally authorized representative.

 

Services 

 

We provide online reputation management and related products and services for you or someone that you have designated to be the subject of the services and for whom you will be held strictly responsible. The services are described on the website Defendoc.com itself. We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers.

 

Orders 

 

The online order form, online submission page, invoice, and/or engagement letter will specify the services that you are licensing or purchasing. By submitting an order, you are submitting an offer to obtain the right to use the services pursuant to the terms set forth herein. You must be the person, or an authorized representative of the person or entity, for whom you have requested that we perform services, or you must otherwise indicate and verify with us that the person or entity for whom we will perform our services has consented to your purchase of and our provision of the services on his/her/its behalf.

 

Reputation Advocate

 

By placing an order for services, you authorize us to be your reputation advocate. As your reputation advocate, you authorize us to use optimization techniques to promote welcome content above unwelcome content on Internet search engines. In addition, you authorize us to contact third parties, including creators or aggregators of personal information, hosts of personal information, and other parties who might have control or authority over such content, and to take such actions as we deem appropriate to improve and optimize such content. You authorize us to take such action on your behalf and to identify ourselves as acting on your behalf. You recognize that such contact and techniques may have unpredictable side effects, including but not limited to negative responses from others. You agree to provide the information required for the services and understand that, in most cases, the higher the quality of information provided by you, the better the results you will experience.

 

Content Publishing

 

If content publishing is included in the services we provide to you, you authorize us to use the content, trademarks, logos, photos, videos, advertisements, information, and other materials provided or identified by you to create and publish web content, including content that represents you or the named party on any websites we deem fit for the purposes of providing the services. In addition, you hereby grant to us and our 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) license to use, reproduce, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit any client materials as we deem appropriate to perform the services. You agree to respond in a timely manner to our requests to review and approve information generated for you. You acknowledge and agree that we will own, subject to any client materials therein, all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the services. We acknowledge and agree that you will own all right, title, and interest in and to any client materials.

 

Accounts and Domains 

 

To the extent included in the services you order, you also authorize us to act on your behalf in creating accounts on other websites in your name, or in the name of the named party, as we deem beneficial to provide the services. Use of accounts generated on third-party websites will be governed by the terms of use and privacy policies of such websites.

 

Online Reviews and Ratings 

 

If monitoring and managing your online reviews or ratings is included in the services you order, you represent and warrant that: (a) you are authorized to provide us with any customer, patient, and user information that you provide to us in connection with such services (the "reviewer information"), including any personally identifying information of those parties; (b) our possession and/or use of the reviewer Information on your behalf in connection with the services will not violate any contract, statute, or regulation; and (c) any content that you and/or your authorized representative(s) submit for publication on an online review or ratings website as a provider of goods or services will be true and accurate, are the original work of your authorship, and will only concern you and the goods and/or services that you provide.

 

Additional Terms

 

Additional terms and conditions may apply to and govern your purchase of specific products or access to portions or features of the site. Such terms are made a part of these terms of use by reference. If there is a conflict between these terms of use and the terms posted for or applicable to a specific product or portion or feature of the site, the latter terms shall control.

 

Acceptable Use Policy

 

We do not allow the site or services to be used for illegal activities or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users from illegal or unacceptable use by any client. Your use of the site and services is conditioned upon your compliance with the rules of conduct set forth in this section, and any failure to comply may result in termination of your access to and use of the site and services. While using the site and services, you are not to: (a) impersonate any person or entity, or misrepresent your affiliation with any person or entity, (b) use or provide any fraudulent, misleading or inaccurate information; (c) defame, abuse, threaten or otherwise violate the rights of others, including without limitation, their privacy rights or rights of publicity; (d) access or use (or attempt to access or use) another user's account without permission; (e) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items or computer code of a destructive nature; (f) misappropriate, modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the site or services; (g) "mirror" or "frame" any portion of the site or services; (h) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the site or services; (i) collect information about or from other users of the site or services; (j) probe or test the vulnerability of the site or breach the security measures on the site; or (k) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site. Subject to the limited rights to use the site and services pursuant to this agreement, we retain all right, title and interest in and to the site and services, including all related intellectual property contained within.

 

Website Content

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to the design, structure and arrangement of the content on the site is owned, controlled and/or licensed by or to us and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these terms of use, no part of the site and no website content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way, without our express prior written consent. You may use information about our services purposely made available by us for downloading from the site only for your non-commercial, informational purposes.

 

Fees and Auto-Renewal

 

You agree to pay all fees specified on your accepted order(s). You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information. Except as otherwise specified herein or on an order, all payment obligations are non-cancelable and all fees paid are non-refundable. You understand and accept that, unless otherwise expressly stated on the applicable order, our services are subscriptions services that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment will be assessed the specified fees at regular monthly intervals. The fees for each renewal term will be equal to the fees for the immediately prior term, unless we notify you at least thirty days prior to such renewal of a change to the fees. You represent and warrant that you have the legal rights to use the accounts and hereby authorize us to charge your accounts for all services listed on the order(s) for the initial subscription term and each renewal term. Such charges shall be made in advance in accordance billing frequency stated in the applicable order. Your DefenDoc membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the DefenDoc service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. Once your 30 Day free trial is over, the paying portion of your membership will begin. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

 

Refund Policy for Defendoc

 

The periodic fees paid for Defendoc are non-refundable. The company does not represent, warrant or guarantee that its services will achieve the result that you desire or that were proposed or agreed upon as the desired result at the time the services were purchased or otherwise.

 

Taxes, Late Fees and Penalties

 

You will be responsible for paying any applicable taxes related to each order. If any fees due to us are not received by the due date, then we may charge you interest on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If the amount owing under any order is thirty or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations for the then-current term so that all such obligations become immediately due and payable, and suspend the services until such amounts are paid in full.

 

Warranties

 

Each of the parties represents and warrants that it has all necessary power to enter into and perform its obligations under this agreement. You further represent and warrant that: (a) all information provided to us is accurate and truthful;(b) you have the right to grant us the licenses specified in the section titled "content publishing", if applicable; (c) the execution and performance of this agreement does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound; and (d) 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.

 

Disclaimers

 

The company does not represent, warrant or guarantee that its services will achieve the result that you desire or that were proposed or agreed upon as the desired result at the time the services were purchased or otherwise. Moreover, we do not guarantee that the services will result in a positive change in your online reviews and/or scoring. The services are provided ‘as is’ and we specifically disclaim on our own behalf any and all warranties of any kind with respect to the subject matter of this agreement, whether express, implied or statutory, including without limitation warranties of quality, performance, non infringement, merchanitibility, or fitness for a particular purpose, we do not warrant that the services will meet your needs or be free from errors, or that the operation of the services will be uninterrupted. Some states do not allow exclusion of an implied warranty so this may not apply to you.

 

Indemnity

 

You agree to indemnify, hold harmless and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by us, arising out of or relating to: (a) your breach of any term or condition of this agreement; (b) your fraudulent or malicious use of the services; (c) your violation of applicable laws, rules or regulations in connection with the services; (d) our use of any content you provide to us; or (e) the disclosure of your relationship with us. In such a case, we will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Limitation of Liability

 

We will not be liable to you or any third party claimant for any indirect, special, punitive, consequential (including without limitation, lost profits or loss of goodwill) or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, even if we have been advised of the possibility of such liability.

 

Amount of Damages

 

Our maximum liability arising out of or in any way connected to this agreement shall not exceed fifty dollars. The existence of one or more claims will not increase our liability.

 

Termination 

 

Notwithstanding anything contained herein to the contrary, either party may terminate this Agreement at any time by completing the Order Cancellation Form.

 

Effect of Termination

 

On termination for any reason: (a) all rights granted to you under this agreement, including your right to use the services, shall cease; (b) we shall stop performing all services and may, at our discretion, remove materials from the Internet published by us as part of the services and allow any domain names purchased as part of the services to lapse; and (c) you shall immediately pay to us any fees due under this agreement.

 

If you have additional questions, comments or concerns, please contact us by sending an e-mail to info@defendoc.com and providing us with information relating to your concern.

 

 

You may also mail your concerns to us at the following address:

 

DefenDoc

70-68 Kissena Blvd

Flushing, NY 11367

 

Please note that the content of this page can change without prior notice.