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”) is 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.
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.
By using this Site, you agree:
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.
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.
All links to this Site must be approved in writing by RECALL, except that RECALL consents to links where:
RECALL reserves the right to revoke this consent to link at any time in its sole discretion.
*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.
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.