Website Terms of Use
This website (the “Site”) is provided by RECALL (“RECALL”). By accessing this Site you acknowledge that you have read and agree to these terms of use (the “Agreement”). This Agreement outlines the legally binding terms and conditions for your use of the Site. Please read this Agreement carefully. If you do not agree with any of the terms and conditions contained herein, please do not access this Site.
These terms may be changed from time to time at RECALL’s sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM IT.
RECALL may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. RECALL may remove, modify or otherwise change any content, including that of third parties, on or from this Site. RECALL may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. RECALL may terminate your use of the Site at any time, for any reason, in its sole discretion.
Intellectual Property
Copyrights
All content provided on this Site, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either the copyright or the proprietary property of RECALL, its parent company, affiliates or related companies, or licensors. All rights are reserved. The Content (whether in whole or in part) may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, without RECALL’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to RECALL, so long as you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
Copyright Infringement Notice
If you believe that any information on the Site infringes on your copyright, you should notify RECALL of your claim in accordance with the following procedures. RECALL will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to RECALL’s designated agent of service:
To be effective, the notice of infringement must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks
All trademarks on the Site are either trademarks or registered trademarks of RECALL, its affiliates or related companies, or its licensors. Such trademarks may not be copied, imitated, or used, in whole or in part, without RECALL’s prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of RECALL or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RECALL. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners. If you believe that your trademarks have been improperly used on this Site, please contact us.
Patents
RECALL’s products and processes may be covered by one or more patents, or may contain RECALL trade secret and/or proprietary information. RECALL reserves all rights to such patents, trade secrets and proprietary information. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or to decompile, reverse engineer, or disassemble any of RECALL’s products or processes.
Software
Any software, including any files or images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site, provided that such uses are not competitive with or derogatory to RECALL, and are consistent with the purposes expressly stated on the Site. RECALL retains full and complete title or license to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from such Software.
User Conduct - General
By using this Site, you agree:
• not to disrupt or interfere with the security of the Site;
• not to disrupt or interfere with any services, system resources, accounts, servers or networks connected to or accessible through the Site;
• not to disrupt or interfere with any other user’s enjoyment of the Site;
• not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
• not to use a robot, spider, or any similar device to copy or catalog the content on the Site or any portion thereof; and
• not to collect email addresses posted on this Site or use an automated program to harvest email addresses or other personally identifiable information from this Site.
• not to change or alter any information or Content offered by or through this Site;
• not to use or attempt to use another’s account, service or system without authorization from RECALL, or create or use a false identity on this Site;
• not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
• not to divulge your username and password to others either on or off the Site;
• not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and
Online Communications Through the Site
Unless otherwise agreed to in writing by RECALL, you agree that any communications or information you transmit to anyone through the Site, including (without limitation) questions, comments, suggestions, ideas, plans, notes, account information, or other material, data or information, including, but not limited to, including but not limited to, text, video and images (collectively, “Information”), are non-confidential and upon transmission of such information to RECALL via email or other means you grant to RECALL and its affiliates, an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, world wide license (including but not limited to a copyright license) to publish, transmit, perform, display, modify and otherwise use such Information in any media for any purpose consistent with our Privacy Policy.
Security
You are responsible for preserving the confidentiality and security of your user name and password. You shall immediately notify RECALL of any known or suspected unauthorized use of your user name or password.
Payment Processing
Online Payment processing is available to U.S. customers only. Your payment is processed using Recall North America's Electronic Payment System (“System”) and is operated by JP Morgan Chase. By sending payments through the System, you authorize RECALL and JP Morgan Chase to charge your credit card or debit money from your bank account.
Privacy Policy
You acknowledge and agree that RECALL may collect, use and disclose the data collected in the course of our relationship in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD REMEMBER TO CHECK OUR PRIVACY POLICY FREQUENTLY.
Links and Third Party Content
Links to Other Web Sites
This Site may from time to time contain links to other Web sites. These links are provided solely as a convenience to Site users, and do not constitute an endorsement, sponsorship or recommendation by RECALL of -- or responsibility for -- the linked Web sites, any content, services or products available on or through such sites, or the companies associated with such sites. RECALL does not warrant any of the goods or services offered by such third parties.
Links from Other Web Sites
All links to this Site must be approved in writing by RECALL, except that RECALL consents to links where:
• the link is a text-only link containing only the title of the home page of this Site;
• the link “points” only to the home page of the Site and not to deeper pages;
• the link displays the home page of the Site full-screen -- i.e., not within a “frame” on the linked Web Site; and
• the appearance, position, and other aspects of the link does not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by RECALL, its parent company or its affiliates and related companies, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of RECALL, its parent company, or its affiliates or related companies.
• RECALL reserves the right to revoke this consent to link at any time in its sole discretion.
Third Party Content
This Site may contain material, data or information provided, posted or offered by third parties through framing and other technology. You agree that neither RECALL nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. Your use of third party content may also be subject to the terms of the applicable content provider’s terms of use and privacy policy. RECALL does not verify, endorse, or vouch for the content provided by third parties on our Site. RECALL is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other web site. If you believe any of the content provided by third parties violates any of your proprietary rights, please contact us.
Limitations regarding Site Content
The Content available through the Site is believed to be accurate. HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS OF SUCH INFORMATION FOR YOUR PARTICULAR NEEDS. Products and services are subject to change without notice. All information on the Site is subject to the disclaimers listed below.
Disclaimers
• THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
• TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, RECALL, ITS PARENT COMPANY AND ITS AFFILIATES AND RELATED COMPANIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
• YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
• YOU ACKNOWLEDGE THAT RECALL DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, RECALL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES.
• RECALL DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES RECALL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
• RECALL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF RECALL, ITS PARENT, AFFILIATES OR RELATED COMPANIES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY POLICY, RECALL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECALL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
• SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES, SHALL RECALL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT OR SERVICES CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR OTHER INTANGIBLES, EVEN IF RECALL HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH EVENT, OUR LIABILITY IS LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION.
Indemnification
You agree to indemnify, defend, and hold harmless RECALL, its parent, affiliates and related companies, and their officers, directors, employees, agents, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use or inability to use this Site (including, without limitation, claims, losses, liabilities, expenses, damages and costs caused by or relating to personal injury, death, damage to property, intellectual property rights, rights of privacy or publicity, or defamation), whether under a theory of contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability, product liability, contributory liability or under any other theory of liability.
General
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida.
Other
Subject to the terms of any other agreements signed by RECALL for materials and services purchased through this Site, these terms constitute the entire agreement between you and RECALL governing your use of the Site.
Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within one year after it arose or be permanently barred.
International Usage
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE.