Welcome Rubicon PR Group’s (and all subsidiaries and affiliates) ("Provider", "we", "us", "our"). This website ("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.  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. Definitions and Interpretations

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, is would reasonably be considered to be confidential or proprietary whether or not indicated or put on notice of such. 

2. Provisions of Services

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.

2.2  Scope of Work: Our focus is to ensure our clients achieve their desired public relations goals. Since no two clients are the same, all of our projects require the provision of tailored services.  As such, all services to be provided to each client will be particular and unique.  The services to be provided to each client shall be as stated on the Service Agreement entered into between the Client and our firm prior to the provision of services.  All services to be provided by our firm and payment(s) to be paid by the Client will be specifically stated on each client’s Service Agreement.  No additional fees or services will be due or provided outside of those specifically enumerated on the Service Agreement.  Should the scope of work need to be modified to include extra services, and the payments for any such additional services, then the Client and our firm will agree to any such reasonable modification(s) in a signed writing and it will be attached to the original Services Agreement as an amendment.  Unless agreed to in a signed writing between the Client and our firm, all services and payments due shall be as stated on the Service Agreement, and as applicable any amendments attached thereto. No additional services or payments are implied under any circumstances.

3. Duration and Termination

3.1  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. 

3.2  Conduct and Ethics: Should the client engage in actions, whether proven or alleged, that may detrimentally impact the reputation or operations of the Provider, the Provider reserves an unequivocal right to issue a written notice of termination. Such notice shall afford a 15-day period for rectification by the client, failing which termination shall ensue.

3.3  Termination Rights and Obligations: This section outlines the rights of the parties in event of a breach and subsequent termination, including the absolute discretion of the Provider to withhold refunds in the event of client non-compliance or breach.

3.4  Conditions: Specific terms under which the services are provided, including, but not limited to, warranties, disclaimers, and the limitations thereof.

3.5  Refunds: In the case of a non-performance, the Provider is not obligated to process a refund.  Refunds shall only be provided to the Client in the event that the Provider fails to perform the services pursuant to the Service Agreement executed between a Client and our Firm. A Client’s non-performance or failure to comply with any of the provisions, terms, or conditions of the Service Agreement executed between them and our Firm neither obligates nor requires the Firm to issue any refund.  

4. Warranties, Disclaimers, and Indemnities

4.1  Warranties: The Provider commits to providing services with diligence, expertise, and professionalism. However, except as expressly stated herein, the Provider offers its services on an “AS IS” basis and disclaims any other warranties, whether express or implied.

4.2  Express Guarantee.  All Service Agreements executed between a Client and our Firm expressly limits the Firm’s responsibility to publication only.  Our Firm guarantees that we will get every Client published.  However, it is specifically outside the scope of work, in all of our Service Agreements, to ensure the publication remains accessible for an indefinite period of time.  How long a publication is made publicly available online is beyond the Firm’s reasonable control and we cannot guarantee any length of time that a publication is available to the public, accessible online. 

4.3  Express Disclaimer of Published Content.  Our firm has built strong relationships with may publishers.  However, we do not have the ability to change the content of the publication.  We are not the author or editor and our Firm is not responsible for the actual content of any publication.  Our goal is getting our Clients published but we have no control over the final content of any particular publication.  Our firm assumes no responsibility or liability of any of the content contained in a publication pertaining to any of our clients. 

5. Limitations of Liability

5.1  Exclusions: Notwithstanding any provision to the contrary, the Provider's liability arising out of or related to this Agreement shall be strictly limited as set forth herein and as stated in the Services Agreement. 

5.2  Marketing and Promotion: Our firm retains the right, unless expressly prohibited and stated in writing the Service Agreement, to utilize certain client materials for its promotional purposes; provided, however, that the firm must notify the Client of its actual use in its own promotional material. 

6. Indemnification

6.1  Mutual Indemnification: Both parties hereby 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.

7. General Provisions

7.1  Entirety of the Agreement: This Terms of Service and the Services Agreement (inclusive of all attachments thereto) represent the sole and complete understanding between the Client and our firm.

7.3  Survival: Certain clauses, as specified, of this Terms of Service and a Client’s Service Agreement with our Firm shall survive the term, expiration, or termination of this Terms of Service and a Client’s Service Agreement.

7.4 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of New York.  All and any service agreement(s) entered into between a client and our firm shall be governed by the laws of the State of New York without regard to its conflict of law principles. The Parties, hereby, 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 County.  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 to under law or contract.

7.5  Force Majeure: Neither Party, the Client or our firm, shall be responsible or liable to the other, nor deemed to have defaulted under or breached this Terms of Services and any service agreement between the Client and our firm, for any failure or delay in fulfilling or hindering performance of any term of this 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 of riots or other civil unrest; (e) government order or law; (f) embargoes or blockades in effect; (f) action by any governmental authority; (g) national or regional emergency; (h) telecommunication breakdowns, power outages or shortages, lack, and inadequate transportation services; and (i) 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: April 14th, 2024