Terms of Use: Reputation Monitoring Service
Welcome to the free Reputation Monitoring Service (RMS) from Jaal LLC. By using the RMS (the “Service”), you (“You”) accept and agree to be bound by the following terms and conditions (the “Terms of Use”) with Jaal LLC.
1. Service
1.1 Description of Service
RMS provides website reputation monitoring and/or scanning services for the Site You own or administer by utilizing Jaal’s resources. For purposes of the Terms of Use, “Site” shall mean the Web site You own or administer. Jaal may scan the site, and/or check the presence of it on publicly available and/or proprietary malware databases and information sources, may use the website details, including URL and others to check with other sources of information available to Jaal LLC.
The Results displayed by the Service will be determined by some or all of the following: (a) the web site/URL which may be analyzed by this Service; (b) the website URL which may be checked against existing public databases or proprietary information sources (c) any other resources that Jaal may make available from time to time at its sole discretion.
Unless explicitly stated otherwise, the Service may be modified or terminated at any time by Jaal for any reason, and without notice, without liability to You, any End User or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Use.
1.2 Modifications
Jaal may modify the Terms of Use at any time with or without notice. If a modification is unacceptable to You, You may cancel the Service by getting in touch with a Jaal representative. If You continue to use the service, You will be deemed to have accepted the modifications.
1.3 Your Obligations
Jaal may scan your site. Jaal may subscribe the email address you provide to news feeds, announcements and other information sources provided by Jaal. You are responsible for any bandwidth, software, hardware costs incurred for this to happen. Jaal shall in no way be responsible for any financial, technical or any other kind of liability if you enroll for this service.
1.4 Appropriate Conduct
You shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of commingling Results with non-Jaal provided search results or advertising; (b) frame any Results or Results Page (c) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any Results to any third parties (e) minimize, remove or otherwise inhibit the full and complete display of any information (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any Web site or other means other than the stopthehacker.com site (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, time-sharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to any information, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays You fees, You pay any third party fees, or either shares in any revenue payments and/or royalties for any scan Results; (i) directly or indirectly generate queries, or impressions of or clicks through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Jaal technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter Jaal’s copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Service or any other Jaal technology, software, materials and documentation; (l) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from the Service (m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on Jaal or otherwise disparages or devalues Jaal’s reputation or goodwill. Further, the Site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, Service policies, or any third party rights.
2. Limitations
Subject to the terms and conditions of this Agreement, Customer hereby grants to Jaal a irrevocable, perpetual, nonexclusive, worldwide and royalty-free right and license to (i) use, copy, modify, distribute, create derivative works based on and display (publicly or otherwise) the Metadata Content through the Jaal; Services, and (ii) allow Jaal End Users to access and use the information through the Jaal Services. Jaal may use consultants and other contractors in connection with the performance of its obligations and exercise of its rights under this section, provided that such consultants and contractors will be subject to the same obligations as Jaal.
Notwithstanding anything to the contrary, Customer understands and agrees that nothing in this Agreement will prevent or restrict Jaal from using data Jaal obtains from a source other than Customer under this section. Customer acknowledges and agrees that it will not have any right, title or interest in any information, content, or data used by Jaal in conjunction or association with any information, and Customer shall not make any claim of ownership or interest in any such information, content, or data. Jaal and/or its licensors retain all right, title and interest in and to the Jaal Services.
Customer shall be responsible for accepting and responding to any communication, modification or removal requests initiated by a party that is listed in or otherwise has the appropriate rights.
3. Information Rights and Privacy
Jaal and its wholly owned subsidiaries may retain and use, information collected by the Service. You understand and agree that Jaal may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Jaal, its affiliates or the public.
4. Warranties and Disclaimer
4.1 Jaal Disclaimer of Warranties
JAAL MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. JAAL DOES NOT WARRANT THAT JAAL’S SERVICES AND BRAND FEATURES WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL JAAL BE LIABLE TO YOU FOR ANY AMOUNT.
4.2 Your Warranties
You warrant that: (1) all information provided by You to Jaal in connection with the Service is true and accurate; (2) You have full power and authority to enter into the Terms of Use; (3) Your Brand Features, Content (defined as all editorial, text, graphic, audiovisual, and other content that is served to End Users of the Site and that is not provided by Jaal), or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (4) You will seek all necessary governmental approvals required to effectuate the Terms of Use; and (5) You shall perform all of Your obligations under the Terms of Use in accordance with applicable laws.
5. Indemnification
You will indemnify, defend, and hold Jaal harmless from any third party lawsuit or proceeding brought against Jaal based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against Jaal based upon a claim that the Content, Site, or Your Brand Features or Metadata infringe any copyright, trade secret or trademark of the third party or defame the third party. Your indemnification will include (1) all attorneys’ fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You. Jaal shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without Jaal’s prior consent, which shall not be unreasonably withheld.
6. Limitation of Liability
JAAL SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE JAAL SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF JAAL WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THE SERVICE ARE PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Term and Termination
7.1 Term
The term of the Terms of Use (the “Term”) shall commence on the date upon which You add Code to Your Site and shall continue in force thereafter, unless terminated as provided herein.
7.2 Termination
Jaal may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate Your use of the Service at any time. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Jaal or otherwise disparages or devalues the Jaal Brand Features or Jaal’s reputation or goodwill. If You desire to terminate the Terms of Use, You must immediately stop your use of the Service.
7.3 Remedies
You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Jaal, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Jaal may be legally entitled, Jaal shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.


