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Welcome to Rubicon PR Group’s (and all subsidiaries and affiliates) ("Provider", "we", "us", "our") website ("Website"). This Website provides a platform for individuals to learn about us and the services we provide, and serves as a means for us to communicate with the public. The following Terms of Service govern your access and use of this Website. Please carefully read the following Terms of Service before using this Website. By accessing or using our Website or services, you agree to be bound by these Terms of Service. Should you have questions or concerns after reviewing our Terms of Service, please direct them to the individual listed at the bottom of this Terms of Service.
1.1 "Confidential Information" shall encompass all data, regardless of its form of conveyance, that pertains to confidential and proprietary materials and/or information, including but not limited to business practices, proprietary strategies, and related matters that by its nature would reasonably be considered to be confidential or proprietary whether or not indicated or put on notice of such.
2.1 Overview: We provide a multitude of public relations services that match each of our clients’ needs on an individual basis. Because many factors go into this determination, the specific services that will be provided by us to any client shall be distinctly articulated in each client's service agreement, which is agreed to and executed prior to the commencement of the work that is being contracted for.
By accessing or using our services, you acknowledge and agree to the following terms related to the Client Access Agreement ("Agreement") between Rubicon PR Group ("Connector") and you ("Client"):
3.1.1 We provide clients with access to a media placement and public relations services platform ("Platform") operated by Ascend Agency, LLC ("Ascend").
3.1.2 Our role is strictly limited to facilitating your access to the Platform and does not include the provision of any media placement, public relations, or related services directly.
3.2.1 You agree to pay us a one-time, non-refundable access fee ("Access Fee") for the introduction to and access to the Platform.
3.2.2 The Access Fee does not guarantee any specific results or services from Ascend.
3.2.3 Any fees for services provided by Ascend are separate from and in addition to the Access Fee and will be governed by a separate agreement between you and Ascend.
3.3.1 We make no representations or warranties, express or implied, regarding the Platform or any services provided by Ascend.
3.3.2 We shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Platform or any services provided by Ascend.
3.3.3 You acknowledge that we are not responsible for the quality, timeliness, or effectiveness of any services provided by Ascend.
You agree to indemnify, defend, and hold harmless Rubicon PR Group from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Platform or any services provided by Ascend.
3.5.1 Rubicon PR Group is an independent contractor and is not an employee, agent, partner, or joint venturer of either you or Ascend.
3.5.2 We have no authority to bind Ascend or make representations on behalf of Ascend regarding their services.
You agree to keep confidential any proprietary or sensitive information disclosed by us in the course of facilitating access to the Platform.
3.7.1 This Agreement commences when you first access or use our services and continues until your access to the Platform is terminated by Ascend or as otherwise provided herein.
3.7.2 Sections 3.3, 3.4, 3.6, and 3.8 shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provisions. Any disputes relating to this Agreement shall be resolved in the courts of New York County, New York.
This section constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications.
Any modifications to this Agreement must be in writing and acknowledged by both parties.
4.1 Duration: Since all of our service agreements are individualized, tailored to meet each Client’s needs, the term of each Client’s Service Agreement shall be as specifically stated on the Client’s Service Agreement executed with our firm.
4.2 Conduct and Ethics: Should you engage in actions, whether proven or alleged, that may detrimentally impact the reputation or operations of the Provider, we reserve the right to issue a written notice of termination. Such notice shall afford a 15-day period for rectification by you, failing which termination shall ensue.
4.3 Termination Rights and Obligations: This section outlines the rights of the parties in the event of a breach and subsequent termination, including our absolute discretion to withhold refunds in the event of your non-compliance or breach.
4.4 Conditions: Specific terms under which the services are provided, including, but not limited to, warranties, disclaimers, and the limitations thereof.
4.5 Refunds: In the case of a non-performance, we are not obligated to process a refund. Refunds shall only be provided to you in the event that we fail to perform the services pursuant to the Service Agreement executed between you and our firm. Your non-performance or failure to comply with any of the provisions, terms, or conditions of the Service Agreement neither obligates nor requires us to issue any refund.
5.1 Warranties: We commit to providing services with diligence, expertise, and professionalism. However, except as expressly stated herein, we offer our services on an “AS IS” basis and disclaim any other warranties, whether express or implied.
5.2 Express Guarantee: All Service Agreements executed between you and our firm expressly limit our responsibility to publication only. We guarantee that we will get you published. However, it is specifically outside the scope of work to ensure the publication remains accessible for an indefinite period of time. How long a publication is made publicly available online is beyond our reasonable control, and we cannot guarantee any length of time that a publication is available to the public or accessible online.
5.3 Express Disclaimer of Published Content: While we have built strong relationships with many publishers, we do not have the ability to change the content of the publication. We are not the author or editor, and we are not responsible for the actual content of any publication. Our goal is getting you published, but we have no control over the final content of any particular publication. We assume no responsibility or liability for any of the content contained in a publication pertaining to any of our clients.
6.1 Exclusions: Notwithstanding any provision to the contrary, our liability arising out of or related to this Agreement shall be strictly limited as set forth herein and as stated in the Services Agreement.
6.2 Marketing and Promotion: We retain the right, unless expressly prohibited and stated in writing in the Service Agreement, to utilize certain client materials for our promotional purposes; provided, however, that we must notify you of our actual use in our own promotional material.
7.1 Mutual Indemnification: Both parties agree to indemnify, defend, and hold harmless the other party from and against any and all third-party claims, unless caused by the negligent or intentionally wrongful acts of the indemnified party.
8.1 Entirety of the Agreement: These Terms of Service and the Services Agreement (inclusive of all attachments thereto) represent the sole and complete understanding between you and our firm.
8.2 Survival: Certain clauses, as specified, of these Terms of Service and your Service Agreement with our firm shall survive the term, expiration, or termination of these Terms of Service and your Service Agreement.
8.3 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. The parties agree that any action arising out of this Agreement will be brought solely in any state or federal court located in the City of New York and the County of New York. Both parties hereby submit to the exclusive jurisdiction and venue of any such court as they pertain to an issue derived from their performance under this Agreement. The rights and remedies of the parties, as set forth in this Agreement, are not exclusive of any other rights and remedies to which they may be entitled under law or contract.
8.4 Force Majeure: Neither party shall be responsible or liable to the other, nor deemed to have defaulted under or breached these Terms of Service and any service agreement between you and our firm, for any failure or delay in fulfilling or hindering performance of any term of these Terms of Service or the service agreement, except for any obligation to make payments to the other party under the terms of the service agreement, when and to the extent that any such failure or delay is caused by or results from acts beyond the affected party’s reasonable control. This applies to all instances, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) public health catastrophes, like pandemics and epidemics where restrictions affect daily life; (d) war, invasion, hostilities (regardless if war is declared), terrorist threats and/or acts, riots, or other civil unrest; (e) government order or law; (f) embargoes or blockades in effect; (g) action by any governmental authority; (h) national or regional emergency; (i) telecommunication breakdowns, power outages or shortages, lack, and inadequate transportation services; and (j) any other similar events beyond the reasonable control of the affected party. The party suffering from the Force Majeure Event shall give notice as promptly as reasonably possible to the other party describing the circumstances and shall state reasonable efforts, if any, it can take to mitigate the effects of such a Force Majeure Event.
Specific inquiries pertaining to these Terms of Service should be directed to:
info@rubiconprgroup.com
Last updated: September 17th, 2024