The Terms and Conditions set forth herein shall govern your access to and use of the Recas Website and shall supplement the terms and conditions of any Recas license agreement between you and , Inc.
- Access To And Use of Recas Website. Welcome to the Recas website (the "Service"). Your access to and use of the Recas website shall be governed by the terms and conditions embodied in this Agreement (the "Agreement"). may, from time to time, notify you of changes or additions to this Agreement, and your continued use of the Recas website after so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow any third party to use your login name or password to access your Recas online account (the "Account") without prior written approval from You may not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain. You agree to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of the Recas website is subject to the terms and conditions hereof. You agree that you are fully responsible for any third party's conduct while using the Recas website and for any consequences if such individual misuses the Service, violates this Agreement, or accesses material or information which you feel is obscene or otherwise objectionable.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE RECAS WEBSITE. BY USING THE ENCLOSED LOGIN NAME AND PASSWORD TO ACCESS THE RECAS WEBSITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS. YOU HEREBY ACKNOWLEDGE THAT MAY CONVERT ANY RECAS SERVICE PROVIDED UNDER OR PURSUANT TO ANY PRIOR SUBSCRIPTION OR AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND , EXCLUSIVELY TO THE SERVICE PROVIDED HEREUNDER AND PURSUANT TO THE RECAS WEBSITE, SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Restrictions on Use of Materials. This Site is owned and operated by Recas, Inc. (referred to as "© Recas," "we," "us," or "our" herein). No material from www.recas.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer solely for your personal, non-commercial use within your organization in support of Recas's products and services, provided you keep intact all copyright and other proprietary notices.
Copyright notice in the form:
© 2014 © Recas, Inc.
Used With Permission.
All Rights Reserved.
must appear in every copy or reproduction of such Recas's materials. Modification of the materials or use of the materials for any other purpose is a violation of Recas's copyright and other proprietary rights. Unless otherwise stated, all trademarks, service marks and trade names are proprietary to © Recas.
- Trademark Notice. This Site may contain trademarks, copyrights and other intellectual property rights of third parties, including our clients. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or trade names is strictly prohibited without the express written permission of these owners.
- Links. Recas is not responsible, and assumes no responsibility, for the content of any non-© Recas linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Site are not under the control of Recas. Access to any other Internet sites linked to the Site is at the user's own risk.
In addition, the existence of a link between this Site and any other Internet website is not and shall not be understood to be an endorsement by Recas of any material, substance, information or the owner or proprietor of the linked Internet website, and such link shall not imply or create any relationship nor endorsement between Recas and the owner or proprietor of such linked website
- Fees and Payment. In consideration of providing you with access to the Recas© Recas website, you hereby agree to pay Recas in accordance with the rates, fees and payment terms set forth in your Account subscription. Recas reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, Recas will give you reasonable notice of such change. If payment is not received by Recas when due, Recas hereby reserves the right to deactivate your password or otherwise suspend or cancel your access to or use of the Recas© Recas website without notice. All delinquent amounts owed by you to Recas shall bear interest at the highest interest rate permitted by any applicable law. From time to time, Recas may add or modify the Service, the Recas© Recas website, and Recas reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account.
- Uncensored Internet Access. YOU UNDERSTAND THAT PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE RECAS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, THE RECAS WEBSITE, AND THE INTERNET GENERALLY. DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THIS © RECAS WEBSITE.
- Termination of Service. The term of this Agreement shall commence on the Date Enacted, and shall continue for the term stated on the first page. The Agreement shall continue on a month to month basis at s then-current published rates, unless terminated by either Subscriber or In order to terminate the contract, Subscriber must provide written notification. If the cancellation request is received by the 15th of the current month, Subscriber is obligated to pay the following two invoices. If the cancellation request is received on the 15th of the month or after, Subscriber is obligated to pay an additional three invoices. In the event of termination, Subscriber remains obligated to pay all outstanding balances or amounts due and will not be entitled to any refunds. You may terminate your Account after fulfilling the initial term stated on the first page of this contract. Upon the expiration of the contract, the Agreement shall continue on a month to month basis, unless the Subscribe provides written notification. If the cancellation request is received by the 15th of the current month, Subscriber is obligated to pay the following two invoices. If the cancellation request is received on the 15th of the month or after, Subscriber is obligated to pay an additional three invoices. In the event of termination, Subscriber remains obligated to pay all outstanding balances or amounts due and will not be entitled to any refunds. may modify, suspend or terminate this Agreement or the Account at any time and for any reason without prior notice to you and without refunding any fees you have paid to reserves the right to require you to change your login name or password, and to delete any or all program or data files associated with the Account upon termination of this Agreement. These terms remain in effect for all use made of this website unless specifically terminated by Recas. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of these terms or otherwise.
- Disclaimers of Warranty. ACCESS TO AND USE OF THIS RECAS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE RECAS WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE RECAS WEBSITE AND THE INTERNET GENERALLY. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL CONTENT, ADVERTISEMENTS OR OTHER INFORMATION PROVIDED THROUGH THE RECAS WEBSITE OR ON THE INTERNET GENERALLY. NEITHER , NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE RECAS WEBSITE OR ANY INFORMATION OR SERVICE PROVIDED THROUGH THE RECAS WEBSITE OR ON THE INTERNET GENERALLY, OR AS TO THE AVAILABILITY, ACCURACY, QUALITY, COMPLETENESS, TITLE, NONINFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED THROUGH THE RECAS WEBSITE. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH RECAS WEBSITE OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON RECAS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR RECAS WEBSITE EXCEED THE AMOUNT OF CHARGES INCURRED BY YOU DURING THE THREE (3) MONTH(S) IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION. You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 8 of this Agreement.
- No Obligation To Monitor. You agree that has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. has no obligation to monitor the Recas website. However, reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. You understand and agree that, unless you notify to the contrary in writing may publish your name and other information in directories which may be accessed by third parties.
- System Rules. You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by may result in terminating this Agreement and your Account. You agree to the following rules: (i) except as otherwise provided herein, you will not tell others your password or let your Account be used by anyone except yourself, (ii) you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without specific permission from (iii) you will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind; (iv) you will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights; (v) you will not use our Service to commit a crime, or to plan, encourage or help others to commit a crime; (vi) you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes; (vii) you will not post or transmit any advertising, promotional materials or any other form of solicitation ( reserves the right, in s sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation).
- Indemnity. You agree to defend and indemnify and hold harmless and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses claims, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or nature of the cause of action.
- Proprietary Rights. By uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through the Recas website, you are granting to a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Communications excluding confidential data including advertiser contact information and advertiser contract rates. shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The License does not, however grant any ownership rights in or to your Communications. You shall have no recourse against for any alleged or actual infringement of any proprietary rights to which you may claim ownership. or vendors of own all right, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. s ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our vendors own, or (ii) any service, information or materials supplied by a third party content provider and which you may access through the © Recas website.
- General Terms. a) The waiver, by either you or of a breach of any provision of this Agreement, will not operate or be construed as a waiver of any subsequent breach thereof. b) You may not assign, transfer or otherwise dispose of any rights or benefits granted hereunder. c) This Agreement constitutes the entire agreement of the parties and supersedes all prior written or oral agreements or understanding with respect to the subject matter hereof. d) You may not assign this Agreement or your rights or obligations hereunder without the prior consent of e) This Agreement will be deemed to be executed, delivered and accepted in the City of Peoria, the County of Peoria and the State of Illinois. Accordingly, if any litigation is filed to construe, interpret or enforce this Agreement, venue thereof will be proper in Peoria County, Illinois. f) This Agreement will be construed, interpreted, enforced and governed, in all respects in accordance with the law of the State of Illinois, without regard to conflicts of laws provisions. g) Any notice pursuant to this Agreement shall be delivered by certified mail, return receipt requested, postage prepaid and addressed to the party entities thereto at the address listed above. h) The invalidity of any particular term or provision of this Agreement shall affect the validity of the remaining terms and provisions; i) Notwithstanding any other provision of this Agreement, any and all remedies of described herein, are in addition to, and do not limit, the remedies of granted by statute, law or otherwise.
- Miscellaneous. These terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Peoria County, Illinois, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. © Recas can revise these Terms and Conditions at any time by updating this posting.