This summary is provided for your convenience and it is not a part of this agreement. Please read the full Terms of Service Agreement below before proceeding.
By accessing, viewing, downloading or otherwise using RECMOS website, any information provided as part of the RECMOS services, or any related emails, newsletters or services (hereinafter collectively referred to as "RECMOS" or the "Services"), or by clicking "Join RECMOS" during the registration process, you conclude a legally binding agreement with RECMOS LLC, 654 10th Ave, Kirkland, WA 98033, USA ("we" or "us") based on the terms of this RECMOS Terms of Service Agreement ("Agreement").
If you are using RECMOS on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. Unless otherwise agreed in writing with RECMOS, your agreement with RECMOS will always include, at a minimum, the terms and conditions set forth in this document. If you do not want to conclude the Agreement, do NOT click "Join RECMOS" and do not access, view, download or otherwise use any RECMOS webpage, information or services.
On the condition that you comply with all your obligations under the Agreement, we grant you a personal, limited, revocable, non-exclusive, non-transferrable, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on RECMOS webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. We grant you no other rights, implied or otherwise.
The purpose of RECMOS is to facilitate services and business referrals among users around the world. The Service provides means of sharing opinions, requesting and offering recommendations, providing ratings, entering business details and other feedback and information. RECMOS is constantly improving the Service and may change from time to time the form and nature of the Service, or stop (permanently or temporarily) providing the Service (or any feature within the Service) to you or to users at its sole discretion without any notice to you.
In order to access the Service you may be required to provide information about yourself (such as your name and your contact information) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you provide to RECMOS will always be accurate, correct and up to date. Our current practices related to personally identifiable information collection and use are described in our Privacy Policy and we may update our policies and practices from time to time at our sole discretion.
You are solely responsible for your interactions with other users. RECMOS reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if RECMOS determines, in its sole discretion, that doing so is prudent.
You agree to use the Service only for purposes that are permitted by this Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) the Services or any part of the Service by any means other than through the interface that is provided by RECMOS, unless you have been specifically allowed to do so in a separate agreement with RECMOS. You specifically agree not to access (or attempt to access) the Service or any part of the Service through any automated means (including use of scripts or web crawlers) and will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide RECMOS, or any part thereof. Moreover, you agree not to attempt to or actually override any security component included in or underlying RECMOS.
By submitting to us any information, messages, text, documents or any other forms of communication, including opinions, ideas, techniques, concepts and data ("Content"), you must grant, and you do grant by concluding this Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublisenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, edit, improve, distribute, publish, remove, retain, add, use and commercialize, in any way and form we deem appropriate or necessary, without any further consent, notice or compensation to you or any third parties.
Furthermore, by submitting any information to us, you represent and warrant that such information is accurate to your best knowledge, not illegal, not confidential, not in violation of any contractual restrictions or other third party rights.
You agree that you are solely responsible for (and that RECMOS has no responsibility to you or any third party for) any Content that you create, transmit or display while using the Service and for consequence of your actions (including any loss or damage which RECMOS may suffer) by doing so. RECMOS cannot guarantee that other members will not use the information and content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. RECMOS AND THE RECMOS AFFILIATES ARE NOT RESPONSIBLE FOR A MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
You understand that all information (such as written text, comments, images, and other forms of content) which you might have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. RECMOS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any content or information from the Service. You understand that by using the Service you may be exposed to content you may find indecent, offensive or otherwise objectionable and that, in this respect, you use the Service at your own risk.
We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in RECMOS and all related items (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that unless you have agreed otherwise in writing with RECMOS, nothing in the Agreement gives you a right to use any trade names, trade marks, service marks, logos, domain names, and other distinctive brand features of RECMOS.
You represent and warrant that you (a) are not under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21); (b) have not previously been suspended or removed from RECMOS; (c) are not a direct competitor of RECMOS; (d) do not have more than one RECMOS account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
In addition, you must provide all equipment and software necessary to connect to RECMOS, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your RECMOS account and that you are solely responsible to RECMOS for all activities that occur under your account. If you become aware of any unauthorized use of your passwords or of you account, you agree to notify RECMOS immediately through the website (https://recmos.com/notify) or through email (accounts@recmos.com).
You are prohibited from selling, trading or otherwise transferring your RECMOS account or any information therein to another party or charging anyone for access to any portion of RECMOS, or any information therein.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of RECMOS, the RECMOS Affiliates, its users and the public.
You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to RECMOS or (c) any activity in which you engage on or through RECMOS.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Your use of RECMOS services, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not (directly or indirectly) sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
You acknowledge and agree that we may send you information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
The Service may include hyperlinks to other web sites or content or resources. RECMOS may have no control over any web sites or resources which are provided by companies or persons other than RECMOS. You acknowledge and agree that RECMOS is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that RECMOS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN PARTICULAR, RECMOS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE PROVIDED TO YOU WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECMOS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RECMOS OR ANYTHING RELATED TO RECMOS, YOU MAY LEAVE RECMOS AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 14 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
SUBJECT TO OVERALL PROVISION IN THE DISCLAIMER ABPOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RECMOS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (II) ANY CHANGES WHICH RECMOS MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (IV) YOUR FAILURE TO PROVIDE RECMOS WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE ABOVE LIMITATIONS ON RECMOS LIABILITY TO YOU SHALL APPLY WHETHER OR NOT RECMOS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You may close your account at any time with or without notice to RECMOS. You may terminate the Agreement at any time by closing your account and discontinuing the use of Service and by notifying RECMOS in writing. RECMOS may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice.
Upon termination, you lose access to RECMOS. The terms of this Agreement shall survive any termination, except Section 1 hereof.
The Agreement, and your relationship with RECMOS under the Agreement, shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. You and RECMOS agree to submit to the exclusive jurisdiction of the courts located within the county of Maricopa, Arizona to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that RECMOS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
You agree that if RECMOS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which RECMOS has the benefit of under any applicable law), this will not be taken to be a formal waiver of RECMOS's rights and that those rights or remedies will still be available to RECMOS.
You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Billion Society L.L.C. for any third party that assumes our rights and obligations under this Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at recmos.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 14 hereof.