fbpx

RepCard Reviewer Terms and Conditions

These RepCard Reviewer Terms and Conditions (the “Reviewer Terms”) apply to those persons or organizations supplying reviews and/or referrals of RepCard users through the RepCard website (https://www.repcard.com), including both online and mobile versions (the “Site” and the “App”, respectively) and in conjunction with your use of any features of the Site or the App (collectively, the “Services”), as well as all software, technical, and communications platform(s) available on and through the Site or the App (collectively, the “Platform”).  The Platform and Services are made available by RepCard (collectively, “RepCard”, “we”, “us”, “our”, or “ours”), and these Reviewer Terms shall be between RepCard and you (also referred to as “your” or “yours”) and shall govern any review or referral made or submitted by you through the Platform.

If you do not accept these Reviewer Terms, you are kindly requested not to use the review and/or referral features of the Platform.  By submitting a review or referral through the Platform, you are expressing your unconditional acknowledgment and acceptance of these Reviewer Terms.

Reviewer Content

You agree to only submit reviews and/or referrals and otherwise use our Platform in accordance with these Reviewer Terms and the rules and guidelines provided below.

For purposes of these Reviewer Terms, “Reviewer Content” shall mean all content submitted by you, including, but not limited to, the content of your review or feedback (a “Review”), any referrals of individuals or organizations made (a “Referral”), your name or the name of the organization you represent, biographical information, and all other names, contact information, likenesses, text, copy, graphics, logos, marks, images, photographs, video, and all other information and material contained in such Review and/or Referral.

We reserve the right to publish your name next to your Review through our Services and on the Platform, as well as through our partners sites.  If, for any reason, you would like to remove or “anonymize” your name after submitting a Review or Referral, please contact us at support@repcard.com within thirty (30) days of such submittal.

When writing a Review, your name and contact information (e.g., e-mail address, mobile phone number, etc.) submitted will still be visible to the RepCard user being reviewed.

You further acknowledge and agree that, with respect to Reviewer Content: (a) any Review or Referral will be treated as non-confidential (regardless of whether you mark them “confidential,” “proprietary,” or the like) and will not be returned; and (b) RepCard does not assume any obligation of any kind to you or any third-party with respect to your Review or Referral.

Ownership of Reviewer Content

By submitting a Reviewer Content through the Platform, you hereby grant to RepCard a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Reviewer Content (and any derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights herein include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Reviewer Content and combine same with other material, and (ii) use any ideas, concepts, know-how, or techniques contained in any Reviewer Content for any purposes whatsoever, including developing, producing, and marketing products and/or services, whether those of RepCard or our partners.

In order to further effect the rights and license that you grant to RepCard to your Reviewer Content, you hereby also grant to RepCard the unconditional, perpetual, irrevocable right and license to use and exploit your name, persona, and likeness in connection with any Reviewer Content only, and without any obligation or remuneration to you by us or any user for whom you submit a Referral.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Reviewer Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted in these Reviewer Terms. You understand that you will not receive any fees, sums, consideration, or remuneration for our exercise of any of the rights granted in this Section.

You acknowledge and agree that publication or transmittal of any Reviewer Content shall be at our sole and absolute discretion, and we reserve the right to make additions or deletions to any such Reviewer Content prior to publication or transmittal to our users, or to refuse publication or transmittal entirely.

Reviewer Content Restrictions

By submitting a Review or Referral or any other Reviewer Content through the Platform, you acknowledge and agree that your Reviewer Content submitted does not:

  1. infringe upon any copyright, trademark, patent, trade secret, right of privacy, publicity or any other intellectual property or other rights of any other person or entity;
  2. contain any personal information relating to any persons under 18 years of age;
  3. contain any content that does not strictly meet each of our Review Guidelines (see below)
  4. contain any malicious code, such as viruses, worms, Trojan horses, time bombs, or other potentially harmful programs or material; or
  5. violate any applicable Federal, state, or local law, statute, ordinance, rule or regulation.

If any part of your Reviewer Content contains any material that is not owned by or licensed to you and/or which is subject to third-party rights, you are entirely responsible for obtaining, prior to submission of such Reviewer Content, all clearances, releases, consents and/or licenses necessary to permit the use and exploitation of Reviewer Content by us in accordance with the grant of rights to us contained in these Reviewer Terms without any compensation or reimbursement to you.

Review and Referral Guidelines

By submitting a Review or Referral through our Platform, you acknowledge and agree that all of your Reviewer Content strictly adheres to our Review and Referral Guidelines below.  If any of your Reviewer Content fails to comply with our Review and Referral Guidelines, we reserve the right to suspend your access and any further use of the Platform without notice or your consent.

All Reviewer Content must:

  1. be accurate (i.e., truthful in all respects, avoiding exaggeration or hyperbole);
  2. be relevant (i.e., speak to the core of your experience as a customer);
  3. be conflict of interest-free (i.e., you are an actual consumer or prospective consumer, and not related by employment, ownership, commercial competition, familial or social relationship);  
  4. with respect to Reviews, be written from a privileged position (i.e., you must have had actual interaction with the RepCard user (or their company) being reviewed as either a consumer or prospective consumer);
  5. with respect to Referrals, have the prior express consent of the individual or entity being referred, including the requisite permission to forward the referral’s personal data and contact information (e.g., e-mail, cell phone number, etc.); and
  6. be compliant with the applicable law and/or regulations of any country in which it is submitted.

Reviewer Content must not:

  1. contain any language or material which is defamatory, vulgar, lewd, obscene or offensive;
  2. involve hate speech, bigotry, or discrimination of any kind including, without limitation, that based on race, sex, age, religion, nationality, disability, sexual orientation, or age;
  3. contain any misleading or deceptive statements, or omissions of fact which could lead such Reviewer Content to be deemed misleading or deceptive, or misstate or misrepresent your identity or affiliation with any person or entity;
  4. falsely represent that you are or were a consumer of the RepCard user or company being reviewed;
  5. contain any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, multi-level marketing or pyramid schemes, or other forms of solicitation or advertisement of a commercial nature or otherwise;
  6. be made in breach of any legal duty owed to any third-party, such as a duty of confidentiality or non-disclosure;
  7. be harassing or likely to harass any RepCard user or any third-party;
  8. be likely to disrupt or adversely affect the Site, App, or Platform in any way; or
  9. advocate, promote, facilitate, or assist any unlawful act or behavior (e.g., copyright infringement).

Moderation of Reviewer Content

Although we have no obligation to moderate Reviewer Content, we reserve the right to monitor any information transmitted by or received from you through our Platform.  We further reserve the right to reject, block, suspend or remove any Reviewer Content at any time, in our sole discretion and without your consent.  We in no way guarantee that any Reviewer Content or any part of it will be displayed on the Platform or transmitted to its intended recipient.

Indemnity

You agree to indemnify, defend, and hold harmless RepCard, and its respective members, directors, officers, employees, agents, and applicable third-parties in full from and against all third-party claims, liabilities, losses and expenses (including legal fees and court costs) suffered by such persons arising out of, or related to, or which may arise from, your Reviewer Content and/or any breach by you of these Reviewer Terms.

Our Liability

To the fullest extent permissible by law, we exclude and disclaim all warranties and representations that might otherwise be implied by law involving or in relation to your ability to generate or submit Reviewer Content through the Platform.  We do not represent or warrant that the Platform or any of its Reviewer Content features will be available, error-free, free of viruses or other harmful components, or that such features will be updated or defects corrected. You assume any and all risks and liability resulting from creation and submittal of your Reviewer Content.

We do not accept liability for any failure to maintain the Reviewer Content features or functionality with the Platform.  We shall not be liable for any indirect, special, exemplary, incidental or consequential damages or otherwise which results or may result from your use of the Platform or any of its features, even if we are advised of the possibility of such damages.

RepCard shall not be liable to you for any loss caused by or as a result of your actions or inactions based upon your use of the Reviewer Content features of functionality available through the Platform. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.

Privacy and Personal Data

The privacy of your personal data is important to us.  For more information about how we will collect and process personal data, please see our <Privacy Policy>.

Governing Law

Except to the extent applicable law, if any, provides otherwise, these Reviewer Terms and any access to or use of the Platform or Services will be governed by the laws of the State of Arizona, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Reviewer Terms will be subject to the exclusive jurisdiction of the federal and state courts sitting in the State of Arizona in Maricopa County.

Contact Us

If you have any concerns or questions about Reviewer Content, your use of the Platform, or these Reviewer Terms, please feel free to contact us as follows:

RepCard, LLC

3820 East Main St.

Suite 2

Mesa, Arizona 85205

E-mail: support@repcard.com