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.
All content provided on this Site, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, (“Content”), are either Copyright © 2002 RECALL (“Copyright RECALL”) or the proprietary property of RECALL, its parent company, affiliates or related companies, and/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. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact us immediately.
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 immediately.
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 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.
Online Communications Through the Site
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 of Section 7 below.
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.
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 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.
• 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.
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 losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
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.