Barefoot PR will use the information you provide on the newsletter sign-up form to send you newsletters. You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us.

Terms of Service

1. Agreement
   1. By signing Barefoot PR’s Letter of Agreement you are entering into an agreement with Barefoot PR and/or our contracted providers, including, but not limited to, WPEngine (“the Provider”) to provide Services to you. The agreement between us is comprised of these Terms of Service, the Letter of Agreement to which they are attached or by which they are referenced, the Service Level Agreement (SLA) and the Acceptable Use Policy (AUP) which are referenced here on our provider’s website (collectively, the “Agreement”). The Agreement sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between us with respect to the Services provided hereunder.
   2. If there is a conflict between the terms of the Agreement, the terms shall govern according to the following order of precedence: 1) the Letter of Agreement, 2) these Terms of Service, and 3) any terms incorporated by reference by either of the above. Any terms in any other writing provided by you shall be void and without effect, even where your customary business practices require a showing of assent to such terms by us such as by signature or reference in an invoice.
   3. We may update these Terms of Service from time to time in our sole discretion; the current version may be found at barefootpublicrelations.com/privacy-policy. In the event of any material change, we will provide you with written notice. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate the Agreement in accordance with the Termination section below.
2. Services
   1. We will provide the Services in accordance with the terms of the Agreement and the SLA. You acknowledge that we may engage third parties to provide or enable elements of the Services, provided that we are responsible to you for the performance of such third parties as if we performed the Services ourselves. You shall use the Services solely for the intended purpose in accordance with the Agreement, including the AUP, and provide us with all information, assistance, and materials reasonably required for our ongoing provision of the Services.
   2. We will provide support to you through the standard means we make available to our customers. Authorized Users seeking support must have a basic understanding of the systems and technology related to the Services.
   3. The scope of Services provided under the Agreement may be amended by any reasonable means showing mutual agreement between the Parties. Any associated fees will be clearly and conspicuously provided to you before you agree to any such change.
   4. From time to time, we may provide replacements for certain components of the Services or cease supporting them altogether. No such replacement or end of life shall constitute a breach of the Agreement.
3. Proprietary Rights
   1. Customer Content is and remains your exclusive property, and we claim no rights whatsoever in the Customer Content except to the extent explicitly granted herein. For the Term of the Agreement, you hereby grant to us, our affiliates, providers of Third-Party Services, and subcontractors a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute the Customer Content (in whole or in part) solely and strictly to the extent required to provide the Services to you under the terms of the Agreement.
   2. We and our licensors own and shall continue to own all right, title, and interest in and to the Services and the systems and networks used to provide such Services, including all system-generated data (e.g. performance data), modifications, improvements, upgrades, derivative works, and all intellectual property rights in and to any of the foregoing. Except for the express rights granted herein, we do not grant any other licenses, express or implied, to any of our intellectual property including software, services, or products.
   3. We may solicit and you or your Authorized Users may provide feedback about the Services. If you or your Authorized Users provide feedback, you agree that such feedback is provided freely. Except to the limited extent such feedback contains any of your confidential information, we are free to use and disclose such feedback for any purpose without an accounting to you or any other person, and we shall own all right, title, and interest in and to such feedback along with any changes, modifications, or upgrades we make to our current products or services and any new products or services that we develop using the feedback you or your Authorized Users provide.
4. Security; Data Privacy
   1. We and our Provider(s) will maintain commercially reasonable technical and operational measures designed to protect our internal networks from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident. You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements. You agree to configure your use of the Services in such a way as to maintain the security of the Services and our network (e.g. by only uploading software that has been demonstrated to be secure, installing patches, and not sharing passwords).
   2. Should we determine that our network has been accessed in an unauthorized manner, and that unauthorized access impacts your Services, we agree to notify you as soon as reasonably practicable after we have investigated the unauthorized access and fulfilled our legal obligations. Likewise, you agree to notify us should you identify unauthorized access to the Services.
   3. Services provided may include access to third-party software, and the data collected by such third-party software will be stored and processed by the plugin’s provider. By installing and utilizing this software, you consent to the storage and processing of such data for the purpose of providing the Services hereunder and subject to the Privacy Policy located at https://10up.com/privacy-policy/.
5. Warranties. Each Party represents and warrants that (i) it has the power, authority, and legal right to enter into the Agreement and perform the obligations and grant the licenses set out herein; and (ii) it will comply with all laws and regulations applicable to its performance under the Agreement.
6. Indemnification. You agree to indemnify, defend, and hold harmless Barefoot PR; its affiliates, subsidiaries, and vendors; and their respective officers, directors, agents, and employees from and against any and all liabilities, obligations, losses, damages, penalties, fines, amounts in interest, and other expenses (including reasonable attorney fees) in connection with a claim or demand brought by a third party related to your violation of the AUP. We reserve the right to control the defense of any indemnified matter under this Section and approve any proposed settlement. You will pay us the amounts due under this Section as they are incurred.
7. Limitations
   1. Although we may perform regular backups of your site and Customer Content, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We and our vendor(s) will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any Customer Content in a location independent of the Services.
   2. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WP ENGINE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE SERVICE, AVAILABILITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, THE SERVICES ARE PROVIDED AS-IS, AS AVAILABLE, AND WITH ALL FAULTS.
   3. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY) EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID OR OWED BY YOU TO US IN THE 3 MONTHS PRECEDING THE CLAIM.
   4. IN NO EVENT SHALL WE OR OUR LICENSORS HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR ANY COVER OR LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   5. THE SLA SETS OUT YOUR SOLE REMEDIES FOR DOWNTIME, UNAVAILABILITY, OR OTHER SLA FAILURES.
   6. The limitations in this Section do not apply to the extent prohibited by applicable law or to your payment obligations for Services provided.
   7. Force Majeure. We shall not be deemed to be in default of the Agreement, or to have breached any of its provisions, as a result of a delay, failure in performance, or interruption in the Services which result, either directly or indirectly, from any circumstances beyond our reasonable control including acts of god, acts of civil or military authority, civil disturbance, war, strikes, fire, laws, regulations, governmental acts, third-party network unavailability, and/or failure of telecommunication facilities.
8. Termination
   1.  
9. Definitions
   1. “Agreement” has the meaning provided in Section 1(a).
   2. “AUP” means the Acceptable Use Policy of Barefoot PR’s vendor WPEngine located on Barefoot PR’s current vendor WPEngine’s website at https://wpengine.com/legal/aup/ which may be updated by WPEngine from time to time.
   3. “Customer,” “you,” or “your” means the entity entering into this Agreement with Barefoot PR upon the actions taken by its authorized representative.
   4. “Customer Content” means the text files, images, photos, videos, sounds, or other materials or works of authorship belonging to you or your end users that you cause to be stored within the Services, excluding Customer Data.
   5. “Customer Data” means the information about you which is required by us in order to provide the Services to you.
   6. “Effective Date” means the date the Agreement goes into effect.
   7. “Initial Term” means the term stated in the Agreement.
   8. “Agreement” means the Letter of Agreement which describes the Services and incorporates these Terms of Service.
   9. “Party” means either Customer or Barefoot PR or Barefoot PR’s website hosting vendor(s); “Parties” means Customer and Barefoot PR and Barefoot PR’s website hosting vendor(s).
   10. “Privacy Policy” means the policy located on Barefoot PR’s current vendor WPEngine’s website at https://wpengine.com/legal/privacy/ which may be updated by WPEngine from time to time.
   11. “Renewal Term” means any successive term after the Initial Term.
   12. “Services” means the hosting, support, and other related services we provide to you as described in the Agreement and the Terms of Service.
   13. “SLA” means the Service Level Agreement located on Barefoot PR’s current vendor WPEngine’s website at https://wpengine.com/legal/sla/ which may be updated by WPEngine from time to time.
   14. “Term” means the entirety of the Initial Term and all Renewal Terms.
   15. “Third-Party Services” means certain third-party products or services which are not sold or licensed by us but which are made available for you, in your sole discretion, to enable or integrate with the Services (e.g. third-party themes and plugins). We maintain no control over and disclaim any and all liability for Third Party Services, even where we may have provided limited support or advice to you in relation to such services. Such support and advice are provided in good faith, AS-IS and AS-AVAILABLE, and solely for your convenience.
   16. Barefoot PR’s provider is “WP Engine,” meaning WPEngine, Inc., a Delaware corporation located at 504 Lavaca St., Ste. 1000, Austin, Texas 78701.