1. Introduction
https://www.webrecon.com is a website operated WebRecon LLC (“we”, “our”, “us”), a limited liability company registered in Michigan.
The terms of use contained herein (together with the documents referred to herein) (the “Terms”) inform you about the terms that govern your access to and use of our website, https://www.webrecon.com (the “Site”).
Please read this Terms carefully before you start to access or use our Site.
By using and/or accessing our Site, you confirm that you accept and agree to these Terms and that you will comply with them. If you are using our Services on behalf of a company, organization, or other legal entity, you represent that you are authorized to accept these Terms on its behalf. These Terms shall be legally binding on you.
If you do not agree to these Terms, you must not access, use, or visit our Site and should leave the Site immediately.
The Terms incorporate by reference the following policies (the “Policies”), which you are agreeing to be bound by when you agree to be bound by these Terms:
Personal information collected while you use the Site is subject to our privacy policy, which can be found at: Privacy Policy (the “Privacy Policy”).
Our services are provided under a separate commercial agreement. In the event that you purchase or subscribe to services from our Site, you will also be required to agree to be bound by our subscription services agreement executed by both WebRecon and you (a “Customer Agreement”).
These Terms are in addition to any terms or commercial agreements between you and us and shall not replace or supersede any other such terms.
2. Eligibility
You may use the Site only if you are over 18 years old.
3. Accessing Our Site
Our Site is available to view and use, free of charge.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection and/or hardware are aware of these Terms and all other applicable terms and Policies, and that they agree to and can comply with them.
Our Site is directed to people residing in the United States. We do not represent or warrant that content available on or through our Site is appropriate or available in any other locations. Access to the Site from jurisdictions where the content is illegal is prohibited. We may limit the availability of our Site or any part of it to any person or geographic area at any time in our sole discretion. If you choose to access our Site from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws.
4. Use of Site; Prohibited Uses
You must comply with all applicable laws andthese Terms, including the Policies.
You must not:
You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.
You agree you will not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. To do so would be deemed a material breach of these Terms and we would be entitled in such circumstances to claim against you, in equity and at law, all losses, costs, claims, expenses and damages we incur or sustain (including reasonable remedial and professional costs) because of your actions or inaction.
You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless you have obtained our prior written consent. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking our Site must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our Site other than that set out in these Terms, please contact admin@webrecon.net.
You hereby acknowledge that we provide the Site for domestic and private use only. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity goodwill or reputation by you if you do.
We reserve the right to suspend or terminate access to the Site if we believe you or persons accessing the Site through your internet connection are violating these Terms or applicable laws.
5. Intellectual Property Rights
The Site and all content and materials on the Site, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain the entire right, title, and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. We affirm our moral rights within and related to all software, content, material, and trademarks and other intellectual property.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use only. You agree you will not use that material in any commercial manner or purpose without obtaining a license to do so from us or our licensors.
You agree that you shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged in your use of any material or content form the site, and you agree to do this in every instance.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made from it.
6. Third-Party Offerings
The Site may integrate with third parties and/or third-party tools or services. We refer to all such other offerings, services and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, you understand that your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third party. We are not responsible for any content, functionality, or practices of these third parties and/or the Third-Party Offerings. You understand that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate.
You use any links on the Site to Third-Party Offerings entirely at your own risk. If you do not want to take such risk, do not use any such links. We assume no responsibility whatsoever related thereto. Such links should not be interpreted as endorsement by us of any of those linked websites nor is it an endorsement of their privacy or information security policies, terms of use, business practices or their compliance with laws. You agree that we will not be liable to you for any loss, expense, claim or damage that may arise from your use of them.
7. WARRANTY DISCLAIMERS
Your use of the Site is at your sole risk.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR ANY CONTENT ON IT: (A) WILL BE AVAILABLE, ERROR-FREE, SECURE OR BE UNINTERRUPTED; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) WILL MEE YOUR REQUIREMENTS. ACCESS TO OUR SITE IS PERMITTED ON A TEMPORARY BASIS. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SITE WITHOUT NOTICE TO YOU AND FOR ANY REASON WHATSOEVER. BY USING THE SITE, YOU ARE AGREEING THAT WE WILL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PARTY, IN CONTRACT, OR FOR ANY TORT IF FOR ANY REASON OUR SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OR FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
THE CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. WE HAVE NO LIABILITY TO YOU FOR ANY USE BY YOU OF THE MATERIALS OR CONTENT ON THE SITE. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR SITE.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR SITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE MATERIALS OR CONTENT ON OUR SITE IS ACCURATE, COMPLETE OR UP-TO-DATE OR DO ANY PARTICULAR THING. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Changes to the Site
We may update the Site from time to time and may change the content at any time without any express notice to you. Further, the content on the Site may be out of date at any given time, and we are under no obligation to update it. You acknowledge that the Site may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and do not, guarantee any specific minimum availability of the Site.
9. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SITE, FROM ANY CLAIMS, LIABILITIES, DEMANDS, LOSSES, DAMAGES, DEFICIENCIES, ACTIONS, JUDGMENTS, SETTLEMENTS, INTERESTS, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF YOUR USE OF THE SITE, VIOLATION OF THESE TERMS OR ANY OF OUR POLICIES, VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU, OR ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SITE AND/OR SERVICES, OR ANY MATERIAL OR CONTENT ON IT, WHETHER EXPRESS OR IMPLIED, AND BY USING THE SITE YOU ARE EXPRESSLY AGREEING TO THIS.
WE ARE NOT LIABLE TO YOU, WHETHER PERSONAL OR COMMERCIAL, FOR ANY LOSS, CLAIMS, EXPENSES OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, HOWSOEVER, WHERESOEVER OR WHATSOEVER ARISING UNDER OR IN CONNECTION WITH:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS, CLAIM EXPENSE OR DAMAGE TO YOU CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIALS OR CONTENT ON THE SITE, OR ON ANY WEBSITE LINKED TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BROUGHT (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT OR TORT), EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THESE TERMS. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WEBRECON AGREE THAT ANY DISPUTE, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE RESOLVED IN ITS ENTIRETY ON AN INDIVIDUAL BASIS (NOT CLASSWIDE OR COLLECTIVE).
12. Waiver of Jury Trial
YOU AND PRESTO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE
13. Modifications
We may update these Terms from time to time and at any time without any express notice to you. Please check these Terms and related Policies from time to time to take notice of any changes made, as they are binding on you. Continued use of the Site after such changes constitutes acceptance of the updated Terms.
14. Entire Agreement; No Waiver; Assignment
These Terms, together with the Acceptable Use Policy, as may be amended from time to time, constitute the entire agreement between you and us regarding the Site. Neither the course of conduct between us nor trade practice shall act to modify these Terms. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
15. Severability
If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.
16. Termination
We may suspend or terminate access to the Site at any time for violation of these Terms or if required by law. Upon termination, you may not use the Site.
17. Governing Law and Forum
We may suspend or terminate access to the Site at any time for violation of these Terms or if required by law. Upon termination, you may not use the Site.
18. Contact Us
To contact us, please email admin@webrecon.net.
