recummend visitor agreement

RecUmmend.com is provided by RecUmmend, LLC. ("we" or "us"). This Visitor Agreement is a binding legal contract between you and us. By using this service (“using” includes accessing, browsing, crawling, scraping or in any way using the website), you accept its terms and our privacy policy as well as any additional terms or conditions presented to you during the course of your use of our service.  We may change the terms of this agreement from time to time, and it’s your responsibility to check for any updates to this agreement. 

By continuing to use the service after we post such changes, you accept this agreement, as modified. We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.

We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:

RecUmmend, LLC
1139 Magnolia Ave
San Jose, CA 95128

Or send an email via our feedback page.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website.

You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it.

Your License to Us. By submitting content ("Content" means text, images, photos, audio, video, and all other forms of data or communication) to us, you are representing that you are the owner of the content, or are making your submission with the express consent of the owner and have the right to make a submission without violating the rights of any third party. By submitting content to any public posting areas of this website, you grant us a perpetual license to the materials and agree that we, including our partners, agents, affiliates and service providers (collectively "Third Party Providers"), may reproduce, modify, and distribute such content as we see fit in any medium and for any purpose.

You also agree that we, including our Third Party Providers, may identify you as the author of any content by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any content that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.

No Framing. You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.

Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to Keenan Klinger, RecUmmend LLC, 801 S Winchester Blvd, San Jose, CA 95128.  You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website. We will not respond to any other inquiries.

DISCLAIMERS
We cannot guarantee that our users will always find everything to their liking, nor could we provide this service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.

Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. Although we try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Materials Submitted by Other Users. Many of the business listings, articles and other materials available on this site are posted by third-parties.  We cannot and do not review every business listing, article (including Do-It-Yourself articles) or posting made in areas available for public postings.  Nor do we take steps to confirm the accuracy of any listings, articles or postings submitted by advertisers or other third parties.  We do not endorse or guarantee the accuracy of any listing, article or posting.  RELIANCE ON ANY INFORMATION PROVIDED THROUGH THIS WEBSITE IS AT YOUR OWN RISK.

No Endorsements. We are not responsible for, and cannot guarantee the quality, safety or performance of, goods and services provided by our advertisers or by others who advertise on sites that we link to. A business listing on our site does not constitute our endorsement of the business featured in the listing or of any product, service or other material offered through such business. Similarly, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.  In addition we are not responsible for, and cannot guarantee the quality, safety or performance of any advice, articles, images or any other such information provided by third parties.

No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

USE OF COMMUNICATIONS SERVICES

We may provide a variety of services on this website through which you can directly interact with others, such as email services, reviews, user-submitted advertising, listings and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or RecUmmend LLC and its employees, agents, partners and affiliates.

We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

We will comply with the requirements of the law regarding disclosure of any messages to others, and we may disclose messages in response to requests from law enforcement agencies without prior notice to the affected Communication Service user.

Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $5 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.

Indemnity . You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any Communication Service available through this website.

MISCELLANEOUS

Jurisdiction. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of California . By using this service, you consent to the exclusive jurisdiction of the state and federal courts in California in all disputes arising out of or relating to this agreement or this website.

Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 18 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us at support@recUmmend.com of any known or suspected unauthorized use of your account.

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