REPS WEBSITE AND SERVICES TERMS AND CONDITIONS
Partaking in or doing the exercises or body movements set forth in Reps courses, videos or services may cause pain or injury. By partaking in or doing such exercise or body movements you acknowledge you are solely responsible for the physical risks and any potential injuries you may incur by participating in or practicing with the Reps courses, videos or services. You are encouraged to consult your health care physician before acting on any advice or instruction set forth in Reps courses, videos or services.
PER SECTION 6 BELOW YOU RELEASE REPS FOR ANY LIBILITY IF YOU INCUR PAIN OR INJURY, AND PER SECTION 7 BELOW YOU INDEMNIFY AND HOLD HARMLES REPS FOR ANY LIBILITY OR CLAIM IN RELATION TO ANY PAIN OR INJURY YOU MAY SUSTAIN.
Be safe! Have fun! Enjoy!
- WELCOME. Reps Brand, LLC d/b/a Reps ("Reps", “we”, “us” or “our”) welcomes you. “You”, “your”, and “yourself” means you, the individual using the Reps Services, or you, the entity or organization that is using the Reps Services.
- REPS SERVICES. Reps provides or partakes in various services, including, without limitation, online courses (“Reps Services”). You may enroll in, and enter into agreements relating to the Reps Services at www.joinreps.com (“Reps Agreement”). Merely being on and navigating this website does not entitle you to Reps Services. You can only receive or partake in Reps Services by enrolling in and entering into an agreement with Reps, accepted and agreed to by Reps, for Reps Services and paying for Reps Services in the manner and time period required by Reps.
- ACCEPTANCE OF THESE TERMS AND CONDIITONS. Merely by being on this site, including without limitation, navigating herein, you accept and agree to be bound by these Terms and Conditions (“Terms") as relates to this website. You can review the most current version of these Terms at any time at https://www.joinreps.com/terms.com or such other location as we may designate.
- PAYMENT. By providing to us your credit/debit card, or other payment method information as required and accepted by Reps, which requirement and acceptance is in the sole discretion of Reps, you have authorized payment to us by such credit/debit card or other payment method for Reps Services, and no additional notice or consent will be required for billings to that credit/debit card or payment method for any and all uses or subsequent uses of the Reps Services. You will advise us of any changes to your credit/debit card or payment method account, such as account number or expiration date changes, and changes to your address. You also authorize us to update your payment information with data we obtain from your financial institution, the issuer of your credit card or debit card or payment method, or from MasterCard, Visa, American Express, Discover, Paypal, or similar entity. Unless and until Reps discontinues accepting your credit/debit card or payment method, you preauthorize for billing your credit/debit card or payment method, and you authorize Reps to retain your credit/debit card or payment method information. Reps reserves the right at any time to modify, suspend, or terminate your right to pay by credit/debit card or payment method. Any such modification, suspension, or termination, or your failure for any or no reason to pay by credit/debit card or payment method, has no effect on your liability for charges and fees that you have incurred in connection with Reps Services.
Tax. You shall pay or otherwise be responsible for all federal, national, state, provincial or local sales, use, excise, gross receipts, value added, municipal fees, transfer, transaction, property, fund, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, Reps Services. Without limiting the foregoing, Reps reserves the right to charge a tax recovery fee to recover the cost/Tax incurred, and/or to transport your document(s) across our telecommunications and/or Internet infrastructure. This fee can be charged on a per invoice basis, or otherwise.
Time is of the essence for payment under any method. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due. Notice of any payment disputes (which must only be in good faith) must be in writing and received by Reps at [email protected], within ten (10) days after payment, or you waive any objection. Any payments not received by Reps are subject to a late payment fee equal to the lesser of, as of the date payment should have been made, the rate of 1.25% per month (which is an annual percentage rate of fifteen percent (15%) or the maximum rate permitted by applicable law.
- RELEASE, WAIVER, AND LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU OR PROVIDED TO YOU THROUGH THE USE OF THIS WEBSITE, THE REPS SERVICES, OR SOFTWARE, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND YOU HEREBY RELEASE AND WAIVE REPS (AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS) FROM ANY AND ALL LIABILITIES, CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY PAIN, INJURY (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY), AND ANY OTHER DAMAGE TO YOURSELF, OTHERS, YOUR COMPUTER SYSTEM, DEVICE (MOBILE OR OTHERWISE), INTERNET ACCESS, DOWNLOAD AND/OR DISPLAY DEVICE, AND/OR LOSS OF DATA THAT, RESULTS FROM THE DOWNLOAD OR PROVISIONING OF ANY SUCH MATERIAL.OR CONTENT, OR YOUR USE OF THIS WEBSITE OR REPS SERVICES. In doing so, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OTHER PROVSION OF THESE TERMS WHICH LIMITS REPS’ LIABILITY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REPS, ITS SUSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS AND LICENSORS (i) SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO DAMAGES FOR PAIN, INJURY (INCLUDING BUT NOT LIMITED TO PESONAL INJURY, AND LOSS OF PROFITS, GOODWILL, AND USE OR MISUSE OR DATA, AND INTANGIBLE LOSSES, (II) EXCEPT TO THE EXTENT PROBIBITED BY LAW, SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY NEGLIGENT ACT OR OMISSION, (III) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AND/OR RELATING TO THIS WEBSITE AND REPS SERVICES, AND (IV) WITHOUT LIMITING THE FOREGOING, SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES ONLY FOR ITEMS NOT SET FORTH IN THIS SECTION, IN THE AMOUNT OF $100. YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE REPS FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF YOU AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH GREATER DAMAGES.
Unless prohibited by applicable law, you agree to indemnify and hold Reps, its subsidiaries and affiliates, and each of it and their owners, directors, officers, agents, employees, partners, representatives. contractors, third-party providers, and licensors (collectively, the “Reps Indemnitees”) harmless from any and all liabilities, claims, demands, costs, liabilities, expenses and taxes including, but not limited to reasonable attorneys' fees, relating to and/or arising out of (i) Content you submit, post, transmit, modify or otherwise make available through this website, (ii) your use of this website or Reps Services, including, without limitation, any pain or injury (including without limitation, personal injury) you incur as a result of this website or Reps Services (iii) information and/or data you provide to or receive through this website or Reps Services, (iv) your connection to this website or Reps Services, (v) any breach by you of these Terms, (vi) your obligations set forth in these Terms, (vii) your violation of applicable law in relation to these Terms, (viii) your violation of any rights and/or harm to any person and/or entity in relation to these Terms, and/or (ix) any act or omission by you (collectively, “Claim”). Reps shall control the defense and settlement of any Claim. Without limiting the foregoing, you shall not approve any settlement or disposition of any Claim without the prior written consent of Reps, which consent may be withheld for any or no reason.
- ACCESS AND CREDENTIALING. You acknowledge and understand that Reps will only allow you access to the Reps Services if you abide by, and continue to abide by all the provisions of these Terms, and if your credentials can be verified in accordance with Reps’ internal credentialing procedures. If at any time you no longer meet Reps’ criteria for receiving Reps Services, Reps may immediately limit or terminate your access to Reps’ Services.
You are responsible for obtaining access to the Reps Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Reps Services.
You understand and agree that the technical processing and transmission of the Reps Services, including Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
- ACCOUNT, PASSWORD, AND ACCOUNT / PASSWORD SECURITY. You may receive a password and account designation upon completing the Reps Services’ enrollment and agreement process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Reps of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, and immediately deactivate any password of any person who no longer has a need to have it. REPS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 5.
- REPRESENTATIONS AND WARRANTIES BY YOU. You represent and warrant you are bond by these Terms, and shall carry out the obligations set forth in these Terms. You also represent and warrant that, (i) if you are an individual, you are 13 years old or older or; if you are an entity, that you are a corporation, partnership, limited liability company, or other legal entity duly formed in good standing where required to do business with all legal authority, (ii) you have the power and authority to enter into and perform under these Terms, (iii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of or from this website or the Reps Services, (iv) you will not alter or remove any identification, trademark, copyright, or other notice from this website or the Reps Services. and (vi) the information you provide to Reps through this website or the Reps Services, and/or any act or omission by you relating to this website or the Reps Services: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, rule, and/or regulation, or Reps policy or guidelines (collectively, “Laws”), (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, and (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, and (e) do not (as determined by Reps) reflect poorly on or tarnish the business, reputation or goodwill of Reps.
- DISCLAIMER OF WARRANTIES BYREPS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a) YOUR USE OF THIS WEBSITE AND REPs SERVICES IS AT YOUR SOLE RISK. THIS WEBSTTE AND REPS SERVCIES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REPS AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS (i) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND (ii) ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, DELETION, ERRORS, MIS-DELIVERY, FAILURE, USE AND/OR MISUSE BY YOU OR ANYONE ELSE OF THIS WEBSIT OR THE REPS SERVICES, INCLUDING, BUT NOT LIMITED TO THE USE, MISUSE AND/OR STORAGE OF ANY (A) USER OR THIRD PARTY COMMUNICATIONS AND/OR INFORMATION, AND (b) SERVICES.
- b) REPS AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO WARRANTY (I) THAT THIS WEBSITE, REPS SERVICES OR SOFTWARE, (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE INTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND YOU AGREE THAT THIS WEBSITE AND REPS SERVICES ARE NOT SOLE THE SOURCE OF DATA, TECHNIQUES, METHODOLOGIES, OR ‘HOW TOs”, NOR IS THIS WEBSITE OR REPS SERVICES A COMPREHENSIVE COMPILATION OF DATA, TECHNIQUES, METHODOLOGIES, OR “HOW TOs”, AND THAT BEFORE RELYING ON ANY DATA, TECHNIQUES METHODOLOGIES OR “HOW TOs” YOU SHOULD INDEPENDENTLY VERIFY SUCH DATA, TECHNIQUES, METHODOLOGIES AND “HOW TOs”, (C) SHALL CREATE RESULTS THAT SHALL BE ACCURATE OR RELIABLE; AND (II) ANY ERRORS IN THIS WEBSITE, REPS SERVICES AND/OR SOFTWARE WILL BE CORRECTED.
- c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REPS AND/OR ITS SUBSIDIARIES AND AFFILIATES, AND/OR EACH OF IT AND/OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS, AND/OR THROUGH OR FROM THIS WEBSITE, REPS SERVICES, AND/OR SOFTWARE, SHALL CREATE ANY WARRANTY FROM SUCH PERSON OR ENTITY OR OTHERWISE.
- YOUR INFORMATION AND DATA, AND ACTS AND OMISSIONS BY YOU. You agree to: (a) provide true, accurate, current and complete information, including but not limited to your name and email address, and other account information, about yourself and any person or entity, as prompted by Reps through this website or Reps Services ("Your Data"), or as required by Law.
In addition, you represent, warrant, and covenant that: (i) ) all information you provide to Reps in whatever media or medium is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any Reps’ or any other person or entity’s data, information, systems and/or equipment, and (iii) submission of information by you to Reps will not: cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window).
- LICENSES / USE OF INFORMATION. Subject to applicable Law, you grant to Reps a fully paid-up, royalty free, perpetual, worldwide, irrevocable, transferable, and sublicensable license to utilize for any purpose your information, data and Content (defined below), that you provide to us though this website or the Reps Services.
- IMPROPER USE OF THIS WEBSITE. You shall not use this website, whether directly or indirectly, for any purpose except for the purpose(s) explicitly set forth on this website.
- CHILDREN / MINORS. This website and Reps Services do not involve children under the age of thirteen (13), and anyone under the age of 13 is prohibited from using this website or Reps Services.
- CONTENT / LINKS You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials on this website, or part of the Reps Services (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. CONTENT MAY INCLUDE THE CONTENT, TEACHINGS AND INSTRUCTIONS WITHIN THE COURSES OR VIDEOS OF REPS SERVICES (“Course Content”), as well as inks in this website or Reps Services to other Internet sites (including, without limitation, web or mobile) of third-parties. THE IDEAS AND INTRUCTIONS WITHIN COURSE CONTENT ARE THOSE OF THE INSTRUCTORS AND NOT REPS. IN ADDITION, YOU ARE SOLEY RESPONSIBLE FOR YOUR USE OF COURSE CONTENT AND THE RESULTS THEREFROM. FURTHERMORE, YOU, AND NOT REPS, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, DOWNLOAD POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE OR RECEIVE VIA THIS WEBSITE OR REPS SERVICES. REPS DOES NOT CONTROL THE CONTENT PROVIDED BY AND/OR POSTED BY YOU OR ANY OTHER VISTIORS OR USERS OF THIS WEBSITE OR REPS SERVICES. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT REPS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SITES, RESOURCES OR LINKS, AND REPS IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REPS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE(S) OR RESOURCE(S).
Reps does not claim ownership of Content you or parties other than Reps submit or make available for inclusion on this website or the Reps Services.
With respect to Content you submit or make available on this website, you grant Reps the perpetual, irrevocable, sublicenseable, transferable, and royalty free right to use, distribute, reproduce, and adapt your Content (in whole or in part), including without limitation, incorporating your Content into other works in any format or medium now known or later developed.
Any reproduction, publication, distribution or public exhibition of the materials provided on this website or with Reps Services, in whole or in part, by you, not authorized by Reps in writing, is strictly prohibited.
You acknowledge that Reps may or may not pre-screen Content, but that Reps and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via this website or Reps Services. Without limiting the foregoing, Reps and its designees shall have the right to remove any Content that violates these Terms or, in Reps’ sole opinion, is otherwise objectionable.
You understand that this website and software embodied within it may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Reps and/or content providers who provide content to the Reps. You shall not attempt to override or circumvent any of the usage rules embedded into, or otherwise within this website or the Reps Services.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL REPS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, INCLUDING PERSONAL INJURY, AS A RESULT OF THE USE OF ANY CONTENT, WHETHER OR NOT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE OR REP SERVICES. CONTENT IS PROVIDED BY REPS IS “AS IS” AND “AS AVAILABLE”.
YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH CONTENT.
- REPS DISCLOSURE OF CONTENT. You acknowledge, consent and agree that Reps may access, preserve and disclose your account information, Your Data, and/or Content if required to do so by law or if Reps has a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) to provide the Reps Services, (vi) to respond to complaints or inquiries to/from governmental entities and/or other third parties, and/or (vii) protect the rights, property or personal safety of Reps, its users and/or the public.
- YOUR CONTRIBUTIONS TO REPS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Reps through its suggestion, feedback, and/or other webpages, and/or through other means, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Reps is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Reps shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Reps may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Reps without any obligation of Reps to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Reps for the Contributions, or otherwise, under any circumstances.
- YOUR COMPLIANCE WITH LAW. You shall not intentionally or unintentionally violate any applicable local, state, national or international law, ordinance, order, and/or regulation;
- YOUR CONDUCT. You agree to not use this website or Reps Services to:
- a) upload, post, email, transmit or otherwise make available any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b) harm any person, including but not limited to minors, and any entity, in any way;
- c) impersonate any person or entity, including, but not limited to, Reps, another person or entity utilizing (or allegedly utilizing) Reps Services, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website;
- e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, contract, fiduciary relationships, and/or otherwise (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy or other proprietary rights of any party;
- g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
- j) interfere with or disrupt this website or servers or networks connected to this website or the reps Services, or disobey any requirements, procedures, policies or regulations of Reps and/or the networks connected to this website;
- k) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any other law or regulation;
- l) "stalk" or otherwise harass another; and/or
- m) collect or store personal data about other users of the website.
You will not create profile of users of this website or Reps Services, or market to users of this website or Reps Services.
You shall not: (i) use any automated means, including agents, robots, scripts, or spiders to access, monitor, scrape, or manage your account(s) or use with us, or to access, monitor, scrape or copy this website, or Reps systems, or any data therein, (ii) bypass any robot exclusion headers on the this website (including using any device, software, or routine to accomplish that goal), (iii) interfere or attempt to interfere with the proper working of this website, and/or Reps systems, and (iv) use or combine this website and/or Reps systems with software which creates any obligation with respect to Reps contrary to these Terms, or grant to any third party any rights to, or immunities in relation to Reps ’s intellectual property or proprietary rights.
- NO REUSE, COMMERCIAL OR OTHERWISE. PERSONAL USE ONLY. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, including, without limitation, for marketing, data processing, or data evaluation purposes, any portion or use of, or access to, this website or the Reps Services (including, but not limited to, Content, techniques, methodology, course work, advertisements, software, web design, data and/or information received therefrom, and/or your Reps ID). In addition, you shall not circumvent your or another person’s or entity’s use of this website or the Reps Services by any means, including, but not limited to submitting (or having submitted) (i) your Content under an account or user ID other than your own, and/or (ii) another person’s Content under your account or your user ID. In addition, you shall not use this website or the Reps Services, or Content, to compete, directly or indirectly, alone or with others, against Reps.
- CONFIDENTIALITY. “Confidential Information” means any and all information disclosed to you by Reps, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Reps, (ii) becomes publicly known and made generally available after disclosure to you by Reps other than through your action or inaction, or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by Reps, as shown by your files and records. You shall not at any time: (a) sell, license, and/or transfer any Confidential Information, (b) disclose or otherwise make available to any person or entity any Confidential Information, and/or (c) access, use, reproduce, or copy any Confidential Information, except as necessary in connection with the Reps Services and for the purpose for which such Confidential Information is disclosed to you, and in accordance with these Terms and applicable Law, provided that the person or entity to whom Confidential Information is disclosed shall be subject to confidentiality obligations at least as restrictive as set forth here. You will take all measures to protect the secrecy of, and to avoid disclosure and/or unauthorized use of, the Confidential Information. If required by law to disclose Confidential Information, you may do so provided that: (1) you provide Reps prompt written notice of such requirement prior to such disclosure, (2) at Reps’ request, you assist Reps in obtaining an order or other arrangement protecting the Confidential Information from public disclosure, and (iii) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information will remain Reps’ personal property, and all documents, electronic media, and other items containing or relating to any Confidential Information must be delivered to Reps, destroyed, or uninstalled immediately upon Reps’ request, or, unless otherwise stated in these Terms, upon termination of your use or access to Reps Services.
- PRESS RELEASE / PUBLIC STATEMENTS.
You shall not issue any press release or other public statement (including, without limitation, advertisements, promotional and/or or marketing materials), or other disclosures to third-parties regarding these Terms, the Reps Service, your use and/or access to the Reps Services, Reps, and/or a Reps Indemnitee, without Reps’ prior written consent in each instance.
- a) Reps Trademarks. You agree that all of Reps’ trademarks, trade names, service marks, logos and other Reps brand features, and product and service names of Reps are trademarks and the property of Reps (the "Reps Marks"). Without Reps' signed written prior permission in each instance, you agree not to display or use in any manner the Reps Marks.
- b) Your Trademarks. You agree that Reps may utilize your trademarks, trade names, service marks, logos, your other brand features, and your product and service names, as needed to effectuate your use of this website, Reps Service, Reps obligations thereto, and these Terms..
- MODIFICATIONS TO OR DISCONTINUANCE OF THIS WEBSITE AND REPS SERVICES.
Reps reserves the right at any time and from time to time to modify, alter, redesign, or discontinue temporarily or permanently, this Website or the Reps Services, or any part thereof, with or without notice. This may include, without limitation, modifying or redesigning the organization, specifications, structure, and/or appearance of this website or the Reps Service, or changing the location of this website. Reps SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR THE REPS SERVICES, OR ANY PART THEREOF.
- EXPORT AND IMPORT COMPLIANCE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, use of this website and use of the Reps Services. The transfer and posting of data may be subject to the export and import laws of the United States and/or other countries. You agree to comply with all applicable export and import laws and regulations. Without limiting the foregoing, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, the United Kingdom’s HM Treasury’s Consolidated List of Sanctions Targets, or the European Union’s Consolidated List of Persons, Groups, and Entities Subject to the European Union’s Financial Sanctions. nor will you transfer software, technology, and other technical data via this website to parties identified on such lists; (b) agree not to use this website or Reps Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via this website any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
- GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Reps may establish general practices and limits concerning use of this website and Reps Services, including without limitation the maximum number of days that your information, email messages, message board postings or other uploaded Content will be retained by Reps or this website, the maximum number of email messages or posts that may be sent from or received by an account or otherwise on this website or Reps Services, the maximum size of any email message or post that may be sent from or received by an account or otherwise on this website or Reps Services, the maximum disk / drive space, if any, that will be allotted on servers on your or anyone else’s behalf, and the maximum number of times (and the maximum duration for which) you or anyone may access this website or Reps Services in a given period of time. YOU AGREE THAT REPS HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION, MESSAGES AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR TO REPS AND/OR THIS WEBSITE. You acknowledge that Reps reserves the right to log off accounts, or the equivalent of accounts, that are inactive. You further acknowledge that Reps reserves the right to modify these general practices and limits at any time without notice.
- TERMINATION. You may terminate your Reps account with Reps Services, by submitting in writing such termination request to Reps. Upon receipt of such request, Reps will terminate your account if and when Reps deems it appropriate, in its sole discretion.
You agree that Reps may, without prior notice, immediately terminate, limit your access to, or suspend your access to this website or Reps Services for any and/or no reason. Cause for such termination, limitation of access or suspension, shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement, other government agencies, or third parties, (c) discontinuance or material modification of this website or Reps Services, (or any part thereof), (d) unexpected technical or security issues or problems, (e) a period(s) of inactivity, and (f) engagement by you in fraudulent or illegal activities in the sole opinion of Reps. Further, you agree that all terminations, limitations of access and suspensions shall be made in Reps' sole discretion and that REPS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION, SUSPENSION, AND/OR LIMITATION OF ACCESS TO THIS WEBSITEOF YOUR ACCOUNT OR ACCESS TO THE REPS SERVICES.
The foregoing termination may include, but may not be limited to any or all of the following: (a) removal of access to all or part of the offerings within this website or Reps Services, (b) deletion of your password, if any, and all related information, files and content associated with or inside your account and/or access (or any part thereof), and (c) barring of further use of all or part of the Reps Services, including but not limited to this website.
Reps may require reactivation charges to renew any Reps Service after termination, suspension, and/or limitation of access. Upon termination for any or no reason, you are responsible for paying all amounts and charges owing under these Terms and/or to Reps prior to and/or after termination, including, but not limited to any applicable cancellation fee(s).
Entire Agreement/No Assignment. These Terms constitute the entire agreement between you and Reps relating to the subject matter thereof, and supersedes any prior version of these Terms. These Terms may only be amended or terminated in a writing from Reps. Any new, other, or different terms supplied by you, are specifically and expressly rejected by Reps, and are null and void. You may not assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms, and such assignment, sublicense, delegation and/or transfer is null and void. Without limiting the foregoing, you agree that your Reps account is non-transferable by you, including but not limited to any rights to your Reps ID or contents within your account. Reps may assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms any time to any person or entity, without notice to you.
Choice of Law / Forum / Non-consolidation / Statute of Limitations / Recovery of Costs. You and Reps agree that these Terms and the rights and obligations therefrom shall be governed by the laws of the State of California, without regard to conflict of law principles and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms shall be brought exclusively in the courts of competent jurisdiction located within Los Angeles County, State of California. For purposes of these Terms, you and Reps (i) agree to waive any and all objections to the exercise of jurisdiction over you and/or Reps by the foregoing courts and to venue in such courts. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION AGAINST REPS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. In addition, you agree to pay all costs including attorney’s fees, collection costs and court costs we incur in enforcing these Terms, and/or any provision thereof, including, without limitation, through any appeal.
Waiver and Severability of Terms. The failure of Reps to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Reps nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Force majeure. Reps shall not be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, pandemic and/or failure of the Internet, and/or telecommunications carrier.
No Third-Party Beneficiaries/Our Relationship.
You agree that there are and shall be no third-party beneficiaries to this agreement except as expressly provided in these Terms. These Terms shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between Reps and you. Neither Reps nor you shall have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in these Terms.
Reps may provide you with notices, including those regarding changes to these Terms, including by, but not limited to, email, regular mail, SMS, MMS, text message, postings on this or other website, or other means now known or hereafter developed. You must ensure that your contact and account information with us is current and correct, and promptly notify us in writing of any changes to such information. Notices from Reps may not be received if you violate these Terms. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that have been delivered.
Survival. The definitions in these Terms, and the provisions of Sections 2, 5 through 7, 9 through 11, 13, 17 through 27, and 29 through 31 of these Terms, survive any termination or expiration, if any, of these Terms.
Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Copyright Or Intellectual Property Complaints
Reps respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
- a description of where the material that you claim is infringing is located on this website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
Reps Brand, LLC d/b/a Reps
These Terms were last updated February 19, 2021.