TERMS AND CONDITIONS OF USE
Welcome to Rec-Chek, Inc.'s <rec-chek.com> website (the "Site"). Your use of the Site is contingent upon your acceptance of and compliance with these Terms and Conditions of Use ("Terms"). These Terms constitute a valid and binding agreement between Rec-Chek, Inc., ("Rec-Chek"; "us"; "we") and you. If you have any questions about these Terms, please send us an e-mail at http://www.rec-chek.com/contact-us.htm. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
- INTELLECTUAL PROPERTY
The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by Rec-Chek and/or its licensors (collectively, the "Intellectual Property"). These Terms do not, and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Intellectual Property, nor will you sell, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use.
All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of Rec-Chek and or other third parties. Nothing contained on the Site or in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by Rec-Chek.
- NO WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND/OR ANY FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL FEATURES ARE PROVIDED "AS IS, WHERE IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. REC-CHEK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.
You shall indemnify, defend and hold Rec-Chek harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, "Damages") incurred or suffered by Rec-Chek as a result of your use of the Site, your breach of any provision of these Terms and/or your acts or omissions. Rec-Chek reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.
Further, you hereby release Rec-Chek and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the "Rec-Chek Parties") from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR." In no event will Rec-Chek's total cumulative liability to you or any other party for Damages, if any, arising under these Terms or otherwise exceed $100.00.
- CHANGES TO THE TERMS OF USE
Rec-Chek may modify the Site, and or the services or features offered thereon and these Terms at any time and from time to time by implementing the modifications and/or posting the amended Terms on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms in effect on the date of any particular visit to the Site. Rec-Chek will use reasonable efforts to post notices of any updates to these Terms on the Site.
- LINKS
Rec-Chek has no control over any links to other sites that may appear on the Site. All statements by Rec-Chek herein pertaining to the Site do not apply to any links or any linked third-party sites. Once you leave this Site, our Terms are no longer in effect; we encourage you to read the terms of use of each and every site that you visit. Without Rec-Chek's express prior written consent, you may not implement a hypertext link to the Site from another site.
- SITE INTEGRITY
You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the Site.
- THIRD PARTY CONTENT
At Rec-Chek's sole option, at any time and from time to time, the Site may contain third party content. Any and all such third party materials are subject to and governed solely by that party. Rec-Chek bears no responsibility or liability for any such content or the acts or omissions of such third party.
- COMPLIANCE WITH LAWS
You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with Rec-Chek.
- USER SUBMISSIONS
Any comments or information that you provide to Rec-Chek via the Site, (collectively, the "Submissions") may be freely used by Rec-Chek and you hereby grant Rec-Chek a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, edit, translate, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed.
- GOVERNING LAW AND JURISDICTION
These Terms and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of Iowa, excluding its conflict of law principles. You hereby submit to the jurisdiction of the state and federal courts located in Story County, Iowa, which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms.
- GENERAL
At all times, the then-current Terms constitute the entire agreement between Rec-Chek and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and all other prior or contemporaneous communications between Rec-Chek and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms including any alleged copyright infringements relating to the Site or any other matters to us at http://www.rec-chek.com/contact-us.htm or P.O. BOX 239, NEVADA, IOWA 50201 as soon as possible.
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