Terms of Service
Review Refresh Terms of Service
By entering into this agreement to engage Review Refresh, LLC for negative content removal online, the Client has agreed to be bound by these terms from the time of acceptance, for the agreed upon timeline. After email confirmation and base-level access is completed and approved, the terms outlined below will be deemed to be accepted to engage the Company to start the Services, or any form of electronic acceptance (examples include an email or e-signature) to a provided reference to these terms.
‘Company’ means Review Refresh, LLC, an Arizona-based Limited Liability Company.
‘Client’ refers to the individual or business that has engaged the Services of the Company through this agreement to these Terms.
‘Services” refers to the Negative Content Removal and / or Reputation Management services that has been identified in the provided quote / proposal by the Company that references these Terms.
Mutual Non-Disclosure & Confidentiality
The Company and Client may disclose specific technical, business, or personal information in connection with the execution of the Services, which the disclosing party desires the receiving party to handle as Confidential Information.
“Confidential Information” refers to any nonpublic information that is released by either party to the other party, either directly or indirectly, in the formats of orally, writing, or by review of substantial objects that include, but are not limited to: documents, software, methods, business models, samples, marketing information, information from third parties, and other info that is related to both parties that is not known to the general public. Confidential Information that is released from one party to another party’s affiliates, related firms, and/or subsidiaries is also covered by this Agreement.
Confidential Information does not include any info which: was publicly available in the public domain before the time of disclosure by the disclosing party; became publicly known and available after the disclosing party disclosed this information through no action or inaction of the receiving party; is already in possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s records immediately prior to the time the information was disclosed; is received by the receiving party from a third party without a breach of that third party’s obligations of confidentiality; and/or is independently created by the receiving party without use of or reference to the disclosing party’s Confidential Information, as displayed by documents and other evidence in the receiving party’s possession.
Neither the Company nor the Client can know everything that the other party believes to be Confidential Information, and therefore the Company and/or Client must specifically identify, in writing, any such Confidential Information that is being disclosed to each other at or before the time of disclosure. If neither party specifically identifies, in writing, anything it believes to be Confidential Information at or before the time of disclosure, any such thing disclosed shall not be considered Confidential Information unless both Company and Client agree to treat it as such in a writing signed by both parties.
Both the Company and the Client agree to not use any Confidential Information for any purposes except those related to performing the Services. Both parties agree to not disclose any Confidential Information to third parties or to such party’s consultants or employees, except individuals that are deemed necessary to perform the Services.
The Client represents and warrants that all and any materials, info, data, or content provided to the Company by or on behalf of the Client does not and will not breach any legal rights (including confidentiality, privacy rights, intellectual property rights, or moral rights) of any third parties. The Client will defend, indemnify and hold harmless the Company in the event that this provision is allegedly breached, regardless of whether any alleged breach was intentional or unintentional.
At no time will the Company be responsible for providing details or evidence of the methods, strategies or submissions made in performing the Services as this information is considered confidential intellectual property of the Company.
Limitation of Liability
To the extent permissible by law, the Company is not to be held liable for:
- (a) faults or deficiencies in any Services provided by third parties in connection with this Agreement;
- (b) any indirect, special or consequential loss, loss of profits, loss of data or corruption, loss of revenue, loss of goodwill, loss of anticipated savings or business interruption/continuity, however arising, whether or not the Company knew of the possibility of such loss and whether or not such loss was foreseeable. Review Refresh performs best practices and no blackhat or prohibited actions in Google My Business / Google Maps and is not held liable for any unrelated suspension or verification needed on those accounts.
To the extent that is permissible by law, the Company’s total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts paid by the Client for the Services.
The Company makes no guarantees regarding the likelihood or success of its Reputation Management or Content Removal services.
To the fullest extent permitted by applicable laws, the liability of the Company for an alleged breach is limited to:
- (a) providing the Services again; or
- (b) payment of the cost of having the Services provided again.
The Client agrees to indemnify, defend, and hold the Company harmless in respect of all claims, actions, proceedings, demands, liabilities, losses, damages, expenses, and costs (including legal fees), in connection with any of the following:
- (a) the Client’s breach of this agreement;
- (b) the Client’s negligent actions or omissions;
- (c) the Client’s use of the Services, including any third-party claims made in connection with or arising out of the Client’s use of the Services;
- (d) breach of third-party intellectual property, privacy, confidentiality, or moral rights.
To the extent that is permissible by law, the Client agrees to indemnify and keep the Company, its directors, officers and employees, indemnified against all loss arising from actions taken performing the Services.
Payments, Guarantees & Refunds
Payment for the Services must be made by credit card (Visa, Mastercard, Amex) or automatic direct debit from your provided bank account. Unless otherwise instructed, the Company will securely store the Client’s payment details from the first payment and use these to charge the balance of fees for subsequent payments.
If the Client wishes to terminate the Services before the expiration of the agreed upon term, no refunds will be given for payments made at that time. The Client understands that the Company may have already allocated resources, time and technologies to provide the Services, for which the Client will still be liable to pay.
The Client agrees that any advice provided by the Company does not constitute legal advice and is not intended to be a substitution for legal advice and should not be relied upon as such.
Any agreement to engage the Services of the Company is made in accordance with United States laws and regulations. The Services are considered entered into under the jurisdiction of Maricopa County in the State of Arizona. If any dispute arises between the Company and the Client, both parties irrevocably submit to the jurisdiction of the superior courts of Maricopa County in the State of Arizona. All issues shall be interpreted under Arizona law.
The Client warrants to the Company that it has the authority and capacity to enter into this Agreement with the Company.
This Agreement may not be amended, modified, or otherwise altered by the Client unless agreed to in writing by the Company. The Company may revise these Terms at any time by amending this page without notice. By engaging the Company, the Client agrees to be bound by the then current version of the Terms. As such, please check our Review Refresh website from time to time to take notice of any changes made.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the validity of the entire Agreement shall not be affected. Any remaining provisions will remain in full force and effect.
Payments for Services are due and payable within 14 calendar days of the invoice date. Any outstanding balances after 14 calendar days shall incur interest at 1.5% per month until paid in full.
The Company may release any information, including Confidential Information, in response to any request from any law enforcement agency or Court upon receipt of a valid subpoena requesting such information. Client agrees to hold Company harmless for any disclosures the Company makes in good faith, even if any such subpoena is later held invalid or any such court order is later overturned.
Content Removal Terms
These Content Removal Terms apply to Clients who enter into an agreement with the Company for the supplying of Review Refresh’s Content Removal services, as defined by these terms.
These Content Removal Terms apply in addition to the Company’s General Terms of Service. Definitions used in the Terms of Service are adopted herein.
“Content Removal” refers to Review Refresh’s proprietary online content removal services identified in the quote or proposal provided by the Company, and otherwise described by these terms.
“Target Content” refers to the online reviews, content, articles, sounds or videos, identified and mutually agreed between the Client and the Company as being targets or possible targets for the Content Removal service.
“Nominated Publisher(s)” refers to the specifically identified website that hosts and / or displays the Target Content online. For Deindexing services, this means the removal from being displayed by the search engine (e.g. Google or Bing) but not necessarily the publishing website itself.
Terms of Service (Content Removal)
Subject to the terms of the proposal or quote that was provided by the Company, the Company agrees to provide, and the Client agrees to pay for, the Content Removal services pursuant to the terms of this Agreement and the Company’s General Terms of Service.
The Client acknowledges that the provision of Content Removal services represents the ongoing allocation of resources, time, and technologies by the Company, and in consideration for the same, the Client agrees as follows:
- The Client authorizes and allows the Company to communicate on its behalf with the Nominated Publishers responsible for displaying the Target Content.
- The Client agrees that the Content Removal services provided by the Company only include the attempted removal of the Target Content from the Nominated Publisher(s). The Client will only be liable for payment of successful removals of the Target Content.
- The Client agrees that the Company is not responsible if the Target Content specified in this agreement is uploaded to other websites, hosts or publishers (within or outside of the agreed upon term which were not specified in this Agreement).
- The Client acknowledges and agrees that the Company may request and require materials and information from the Client in order to perform the Content Removal services. In the event Content Removal services are delayed as a result of insufficient or unreasonably slow communications from the Client, the guaranteed term for content removal may be reasonably increased by the length of this delay. Insufficient or unreasonably slow communications are defined as no responses to Company inquires after 7 calendar days.
- The Client acknowledges that the Company makes no guarantees that the Target Content will be removed, either partially or in full. The Company will only charge the balance of the quoted price for successfully removed Content.
- The Company will not directly contact the author(s) of Target Content, unless given written authorization to do so by the Client. The Company authorizes that the Content Removal services are primarily focused on communicating with the Nominated Publisher(s) regarding the removal of the content. However, the Client understands that from time to time the Nominated Publisher may notify the original author of the content as a result of the Content Removal, and the Company has no control over this.
- The Client agrees that the Company is not responsible if the Target Content is edited by the published or author and reposted as a new instance after it was successfully removed in its original form or through periodic reviews by the platforms.
- The Client agrees that if the Target Content is removed while they are engaged with review removal services with Review Refresh, it will be agreed that the Company was solely responsible for its removal and the balance of fees for the removal of that content will be due.
- If the Client wishes to terminate the services before the expiration of the agreed upon term, no refunds will be given for payments made at that time. The Client understands that the Company may have already made irreversible submissions for the removal of some or all of the Target Content, for which the Client will still be liable to pay the outstanding balance if successfully removed.
- The Company may, at its sole discretion, offer the Client a discounted rate for the Content Removal Services as part of a package including other Services (Reputation Management). The Client acknowledges that the Company may adjust, revoke, or vary any discount in the event some or all other Services are cancelled. The Client acknowledges that any discounts offered for other Services, as part of a package that includes the Content Removal services, may be adjusted or revoked by the Company at their sole discretion at the time of any cancellation.
- The Client understands and agrees that review removals can occur as quickly as a few hours and as long as a few months. If they do not want Review Refresh to specifically engage in removing a specific review, they must do so in email. Otherwise, the Client will be responsible for any review removals that occur when engaged with Review Refresh.
Given the nature of Review Refresh’s services, the Company does not generally offer refunds or credits for services rendered unless required under United States consumer law or other relevant consumer protection laws.
If you would like to request a refund or credit, please send your request to firstname.lastname@example.org
The Company will review refund or credit requests on their merits, bearing in mind the allocation of time, resources, and technologies on the part of the Company in providing the Services. Any refunds will be applied to the original payment method unless alternative arrangements are agreed by the Company.
Refunds may be allowed in circumstances where the Services:
- (a) have an undisclosed issue that would have stopped someone from purchasing the Services if they had known about it;
- (b) are substantially unfit for its common purpose, and can’t be fixed within a reasonable timeframe;
- (c) do not meet the specific terms agreed upon when engaging the Services and cannot be easily corrected within a reasonable timeframe;
- (d) create an unsafe situation as evaluated at the sole discretion of the Company.
The Client acknowledges that the Company is under no obligation to provide a refund or credit in the following circumstances:
- (a) if the Client changes their mind about engaging the Services;
- (b) for Content removal services, if Target Content is removed within the term of this Agreement (irrespective of cause);
- (c) for periods of delay caused by the Client;
- (d) for minor technical issues;
- (e) if the Client decides to engage similar or related Services from 3rd parties, or from their own actions, that materially impact the Services for which the Company has been engaged.