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RECON Website Terms of Use and Notices
Last Updated: October 2005
1. THIS IS AN AGREEMENT BETWEEN YOU AND RECON Intelligence Services (hereafter referred to as “RECON”) This is an agreement ("Agreement") between you and RECON (or, if applicable based on where you live, one of its affiliates) ("RECON"). This Agreement governs your use of any Web site or Web page operated by RECON. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
RECON OFFERS THE RECON WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE RECON WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW RECON MAY MODIFY THIS AGREEMENT
RECON reserves the right to change the terms, conditions, and notices under which it offers the RECON Web Sites, including any charges associated with the use of the RECON Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any RECON Web Site. Your continued use of the RECON Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any RECON Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that RECON Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a RECON Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE RECON WEB SITES
The RECON Web Sites are only for your professional use. You will not use the RECON Web Sites for personal purposes. You will not use the RECON Web Sites in any way that is unlawful, or harms RECON, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "RECON Party" and collectively, the "RECON Parties") or any customer of a RECON Party, as determined in RECON's sole discretion. RECON may tell you about certain specific harmful uses in a code of conduct or other notices available through a RECON Web Site, but has no obligation to do so. You may not use the RECON Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the RECON Web Sites. Without limiting the generality of this section, you may not use the RECON Web Sites in any manner that could damage, disable, overburden, or impair any RECON Web Site (or the network(s) connected to any RECON Web Site) or interfere with any other party's use and enjoyment of the RECON Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the RECON Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the RECON Web Sites in any way that violates the RECON Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. RECON may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the RECON Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the RECON Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to RECON related to the RECON Web Sites (a "Submission"), you grant RECON permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the RECON Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. RECON will not pay you for your Submission. RECON may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, RECON may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the RECON Parties or any customer of a RECON Party.
7. SOFTWARE
Your use of any software associated with the RECON Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then RECON grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the RECON Web Sites and in accordance with this Agreement. RECON reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. RECON or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. RECON may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the RECON Web Sites.
8. INFORMATION AVAILABLE FROM THE RECON WEB SITES
RECON and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the RECON Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the RECON Web Sites. RECON and its suppliers do not authorize the use of information available from the RECON Web Sites including stock quote or other financial information, for any purpose other than your professional use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for personal purposes. Nothing contained in the RECON Web Sites constitute an offer or solicitation to buy or sell any security. RECON does not endorse or recommend any particular product or service, including financial products or services.
9. RECON MAKES NO WARRANTY
RECON PROVIDES THE RECON WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECON PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE RECON PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE RECON WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY RECON PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE RECON WEB SITES, EVEN IF SUCH RECON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE RECON WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RECON PARTY WITH RESPECT TO THIS AGREEMENT OR THE RECON WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RECON WEB SITES.
11. CHANGES TO THE RECON WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE RECON PARTIES MAY CHANGE THE RECON WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the RECON Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by RECON and persons other than RECON (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE RECON PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT RECON IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE RECON WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE RECON WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE RECON WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE RECON WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
RECON may terminate this Agreement, or terminate or suspend your access to the RECON Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the RECON Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE RECON WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with RECON, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Michigan, without reference to conflict of laws principles. If this Agreement is with a RECON affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such RECON affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject RECON Web Sites are directed. If this Agreement is with RECON, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Traverse County, Michigan, USA in all disputes arising out of or relating to the use of the RECON Web Sites. If this Agreement is with a RECON affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such RECON affiliate in all disputes arising out of or relating to the use of the RECON Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. RECON may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the RECON Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and RECON with respect to the RECON Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RECON with respect to the RECON Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND RECON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RECON WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the RECON Web Sites are Copyright © 2005 RECON and/or its suppliers, 4620 US Hwy 31 North, Traverse City, Michigan, 49686, U.S.A. All rights reserved. RECON and the RECON logo, and/or other RECON products and services referenced herein may also be either trademarks or registered trademarks of RECON in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
Third Party Account Information
By using the "My Accounts" service through the RECON Web Sites, you authorize RECON and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint RECON and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting RECON and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. 19. FOR INFORMATION REGARDING THE RECON.COM PRIVACY STATEMENT CLICK HERE. |