Recz General Terms of Service
Last Updated November 10, 2021
These Recz Terms of Service (the "Terms") constitute a legal contract between you and Zuzu, Inc. ("Recz", "we" or "us"). Zuzu, Inc. owns and operates the getrecz.com web app. Your use of the Recz platform, including any features, functionality, account portals, Application Program Interfaces (APIs), data and related tools and technologies (the “Platform”), the Recz services (the “Services”), and the Recz websites located at www.getrecz.com (the "Site"), is subject to and governed by these Terms. (We reserve the right to add additional sites to the Site, and upon such addition, such additional sites will be deemed part of the Site and use of each such additional site will be deemed subject to these Terms.) Unless otherwise specified, all references to the Services include the services available through the Recz Platform and the Site, as well as any features and functionality that enable you to access the Platform, the Services and any Content (as defined below) or make any Submissions (as defined below). Please review carefully these General Terms and if you are a provider of services, the Commercial Terms.
Acceptance of Terms. All users (whether commercial or non-commercial) must review and accept the terms of this Agreement. Users will be deemed to have accepted these Terms by using the Services, including without limitation by (i) visiting the Site, (ii) sending, responding to or discussing a question or search using the Platform, (iii) submitting a recommendation of or comment about a services provider, (iv) inviting a person to join as a member or accepting any such invitation, (v) otherwise messaging through the Platform or using the Services, including a message to another member, (vi) accessing, providing or supplementing any profile or other information on the Site, or (vii) connecting with the Platform through APIs. In addition, we may require commercial users to review and accept the terms of this Agreement by (i) clicking on the “Accept” button or other mechanism provided for the Commercial Terms or (ii) signing or confirming an agreement incorporating these Terms (an “Acceptance”). If you do not agree with any of these Terms, do not access or otherwise use the Services or take any other of the foregoing actions. You may download and/or print a copy of these Terms for your records at: https://getrecz.com/?page=general-terms
LEGAL CONTRACT. PLEASE REVIEW THESE TERMS CAREFULLY AS WELL AS OUR PRIVACY POLICY (https://getrecz.com/?page=privacy-policy). ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL CONTRACT BETWEEN YOU AND RECZ. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE RECZ’S SERVICES.
Parties. Except as may be expressly set forth in the Terms, the Terms apply to the use of the Services by any user in whatever capacity, including without limitation (i) services providers, approved advertisers and other commercial users and (ii) members, prospective members and other non-commercial users. Certain of the Terms apply only to specific categories of users, as set forth in the Terms. As used herein: (i) we,” “us,” “our” or “Recz” refers to Zuzu, Inc., the owner and operator of the getrecz.com web app, (ii) “commercial users” means services providers, advertisers, businesses, independent contractors, “experts” (whether identified as such by the User or by one or more third parties), Content providers, wholesalers, distributors and others using the Services for commercial purposes, as permitted by these Terms, (iii) “non-commercial users” means members, prospective members, any other customers and consumers conducting searches, submitting questions, providing recommendations or comments, sending electronic messages and engaging in conversations using the Platform, individuals posting Content or making Submissions and others using the Services for personal use and (iv) “user” means any user of the Platform, the Site or the Services, whether a commercial user or a non-commercial user.
Commercial Terms. In addition to the Terms, commercial users are subject to the Commercial Terms, and the Commercial Terms are available on the Site for acceptance or presented to you on an Acceptance for your signature. For commercial users, if any of these Terms conflict with the Commercial Terms, the Commercial Terms will control with respect to such conflict. Where there is no conflict, the “Terms,” as used in connection with a commercial user, includes the Commercial Terms.
Changes. Recz may make changes to the Services, the Platform and/or Site at any time. Recz can change, update, or add or remove provisions of these Terms at any time. Recz is under no obligation to send a notice to any user of any changes to the Services, Recz but may notify users by posting the updated Terms on the Recz Platform or the Site, by posting a notice on the Site or by notifying you via the Recz Platform or the Services. By using the Services after Recz has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.TO ENSURE THAT YOU HAVE THE MOST CURRENT VERSION OF THE TERMS OR COMMERCIAL TERMS, PLEASE CHECK THE RECZ SITE REGULARLY.
Services Availability. We transmit messages initiated by you or sent to you by other users through different methods of transmission, using third-party providers, and the level of reliability and support for special features varies according to the method and the third-party provider.
You are responsible for obtaining and maintaining all computer hardware, software, Internet or mobile connectivity, and communications equipment needed to access the Services and for paying all access and communications charges (e.g., Internet Service Provider charges, mobile phone fees and expenses, including texting plans, and other communications charges) incurred while using the Services.
Recz is not responsible for the initial launch or final delivery of any communication transmitted through Recz’s Platform, as these are out of our control and are the responsibility of your communications carriers and third-party providers of services to us. Recz transmits and receives text messages, emails, and electronic messages submitted from various media submitted to the Platform via major telecommunications companies, mobile network operators and third-party services providers, and thus Recz’s influence over the timing of the transmission of your messages and broadcasts is only within the technical constraints imposed upon Recz and you. While Recz endeavors to use commercially reasonable efforts to receive and transmit your messages for delivery to you and your designated recipient(s) as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times may depend on traffic on the Platform and will depend on various network and system-related factors among the various entities involved in the launch and transmission of messages to and from you across mobile networks and/or Internet. Communications carriers may assign text messages, emails, other electronic messages with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Recz is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Recz for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.
General Use
Locality-Specific. Much of the Content and Services provided by Recz relate primarily to local members and service providers and other local Users. Recz is not available in all locations and locality-specific Content and Services may not be available in all locations. We may add to or remove the areas in which Content or Services are available or not available at any time, without notice to you.
Legal Age. By using Recz, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Services at any time or in any manner, access any Content or make any Submissions using the Recz Platform or Services, or otherwise visit the Site.
Authorization. If you are registering for a Recz Account or to use the Services, the Platform or the Site on behalf of an organization, you are agreeing to these terms for that organization and representing to Recz that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “user” will refer to that organization).
Refusal of Service. We may, in our sole discretion, refuse to offer the Services or provide access to the Platform to any person or entity. We may, without notice and in our sole discretion, for any reason or for no reason, terminate your right to use the Services, Platform or Site, or any portion thereof, and block or prevent your future access to and use of the Services, the Platform or the Site, or any portion thereof.
Contact by Recz. By creating an account with Recz, whether as a commercial or non-commercial user, you agree that Recz may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the Services requested by you.
Accounts
Registration. In order for a commercial user to access and use the Services or Platform, such commercial user is required register as provided in the Commercial Terms.
Use of the Platform, Site and Services for non-commercial users is limited to members who have been referred to the Network by another member and approved by Recz. After any new member is referred and approved by Recz, such member must register with Recz and sign into the Platform for any use thereof. This enables the member to use the search/messaging capabilities of Recz and make Submissions, as well as the other features and functionality of the Platform and the Services, such as a database of your prior communications and an optional profile, you may elect to register.
As part of the Account creation process, a user may be asked to provide certain information, including its email address, a physical address, neighborhood of residence and/or zip code, and a mobile telephone number. Members may be provided with an initial password and an opportunity to change that password. Such information must be true, accurate, current and complete information and you must keep that information true, accurate, current and complete after you create your Account.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Recz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Recz has the right to suspend or terminate your Account and refuse any and all current or future use of the Services or the Platform. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services or the Platform if you have been previously removed by Recz, or if you have been previously banned from access to any use of any of the Services or the Platform.
User Logins. All users (members (and other non-commercial users) and providers (and other commercial users)) must log into the Site pursuant to the Terms (each, a “User Login”). You will be solely responsible for all activities that occur under User Logins associated with your Account. User Logins may not be shared, transferred or disclosed to any individual not expressly authorized as a User.
Responsibility. You are solely responsible for all use (whether or not authorized) of our Services and the Platform under your Account(s), including for the quality and integrity of your customer data and each of your applications. You are also solely responsible for all use and for all acts and omissions of anyone that has access to the Services or the Platform under your Account. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services or the Platform and will notify us promptly of any unauthorized access or use at contact@getrecz.com. We will not be liable for any loss or damage arising from unauthorized use of your Account.
No Ownership. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Recz.
Passwords. Keep your password and let us know if it is compromised. You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify Recz of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Illegal and Fraudulent Activity. Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in Recz’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Prohibited Uses of Our Services. You agree that your use of our Services shall not include:
- Sending unsolicited marketing messages, except, in the case of commercial users, to the extent permitted by Recz and then, in each case, in compliance with applicable law and subject to your payment to us of any charges associated with such messages;
- Sending any prohibited calls to life-line services, such as hospitals, fire, police, 911, or utility- related telephone numbers;
- Misleading others as to the identity of the sender of your messages or broadcasts by creating a false identity, impersonating the identity of someone/something else, or by providing contact details that do not belong to you or are inaccurate (including without limitation inaccurate information as to your residence or relationship(s) with one or more other members);
- Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind;
- Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful or deleterious programs;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
- Interfering with another's use and enjoyment of our Services; or
- Engaging in any other activity that Recz believes could subject it to criminal or civil liability.
No user of the Services, the Platform or the Site, whether a commercial user or non-commercial user, will be permitted to: (i) reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of the Platform or any software used in connection with the provision of our Services; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Platform or Services to any third-party or use the Platform to provide time sharing or similar services for any third-party; (iii) make any copies of the Platform or the manifestation of the Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on use of the Recz Platform; or (v) delete the copyright and other proprietary rights notices on the Platform.
You acknowledge that Recz may from time to time issue upgraded versions of the Platform and may automatically electronically upgrade the version of the Platform that you are using. All users consent to such automatic upgrading and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to the use of the Platform, the Services or the Site.
Submissions and Online Forums. Recz may at its option provide you with opportunities to make Submissions, which may include, recommendations of or comments about service providers. Should you choose to make any such Submissions, you agree to not utilize the Platform for illegal or inappropriate purposes. Recz reserves the right, but will not be obligated, to edit or delete postings of your Submissions at any time and for any reason. Recz shall also have no responsibility or liability for any content created or posted by you or other third parties within the Site.
In additiion, Recz may at its option provide you with one or more areas within the Site or linked to the Site, for online discussions (e.g., a message board, wiki, chat room, or blog). Should you choose to participate in such a forum, you agree to not utilize the forum for illegal or inappropriate purposes. Recz reserves the right, but will not be obligated, to edit or delete postings to its forums at any time and for any reason. Recz shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
Payment Terms. Please refer to the Commercial Terms for any subscription terms, fees and payments applicable that may be to commercial users. Non-commercial users and, at this time, commercial users, can use the non-commercial functionality of the Platform and Site free of charge. Non-commercial users are responsible for making payment to the applicable user (or third party through a link from the Site) for any products or services purchased using the Platform, together with any and all Taxes.
User Warranties; Indemnification
Representations and Warranties. You represent and warrant to Recz that you have all necessary rights, power, capacity and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Services, including, without limitation, U.S. Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule U.S., Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended, and all other applicable laws and regulations concerning privacy, telemarketing, and Internet marketing.
Indemnification. You will defend, indemnify and hold Recz and its affiliates, as well as their respective officers, directors, managers, members, employees and contractors, harmless from and against any actual or threatened claim, loss, expense, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action (each, a “Claim”) arising out of or relating to your activities under these Terms or your acts or omissions in connection with (a) Submissions that you submit, post, or transmit on the Platform or Site; (b) your use of, or inability to use, the Platform, Site or Services; (c) your violation of the Terms; or (d) your violation of any applicable law. Recz will cooperate as fully as reasonably required in the defense of any Claim, at your expense. We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section. You will pay all costs, reasonable attorneys’ fees and expenses, and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and reasonable attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section. You agree that the provisions in this Section will survive any termination of your Account, the Terms or your access to the Platform, Site or Services.
Termination, Cancellation, and/or Suspension by Recz. If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services.
Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay any and all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Recz shall have no obligation to you after any termination or cancellation of these Terms.
The provisions in the Terms regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.
Termination by You. You are free to terminate or cancel your use of the Services at any time, and for any reason. If you are a commercial user, please refer to the Commercial Terms as to consequences of such termination.
Links to Other Websites. The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Recz of the contents on such third-party websites. Recz is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Recz cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Recz Site, since these websites are owned and operated by independent third parties. Recz does not endorse any of the products/services, and Recz has not taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party websites.
Furthermore, Recz does not make any representations or warranties as to the strength of the security practices for storing any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Recz strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Recz consents to your use of links to the Site that conform to the following requirements. The appearance, position, and other aspects of any link to the Site may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Recz nor be such as to damage or dilute the goodwill associated with the name and trademarks of Recz or its affiliates. Moreover, Recz reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
Security Rules. You are prohibited from violating or attempting to violate the security of the Services or the Platform and from using them to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Services, host, or network, including, without limitation, by means of submitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Recz Site; (d) sending unsolicited e-mail, texts or other electronic messages, including promotions and/or advertisements of products or services; or (e) forging any Recz packet header or any part of the header information in any e-mail, instant message, text message, or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We may investigate violations of these Terms, and we may involve and cooperate with law enforcement authorities in prosecuting Recz users who are involved in such violations.
Content. As part of the Services, Recz provides Content that may be copyrighted and/or trademarked work of Recz or Recz's third-party licensors and suppliers or other users of the Services (collectively, the "Content"). Content may include logos, text graphics, video, images, photos, software and other content. Content may include Submissions by other users.
Subject to these Terms, Recz hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Content, to access the Site and to use the Services and Platform solely for use in accordance with these Terms and the Privacy Policy. In the case of members and any other non-commercial users, such use shall be personal and shall be non-commercial. Businesses may use the Services and the Platform but only to the extent related to the business and only in compliance with these Terms, the Commercial Terms and the Privacy Policy. Except for the foregoing license, you have no other rights in the Services, the Platform, the Site, any Submissions or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services, the Platform or any third-party Content in any manner.
Restrictions on Use of Services or Platform. You may access and use our Services, on a non-exclusive, non-transferrable, non-sublicensable basis, solely in strict compliance with the Terms, which may be updated from time to time, solely for your business purposes. If applicable, you may access and use the Platform solely for the purpose of accessing the Services. We may limit: (i) the number of electronic messages (including texts) that you receive or transmit via the Platform; (ii) the number of images (including pursuant to MMS texts) that you receive or transmit via the Platform; (iii) the number of text or email conversations that you initiate; (iv) the maximum file size; (v) your use of text numbers (including short code text numbers) provided by third parties; (v) the maximum Content that may be accessed or submitted to the Site, or any other limitations respecting the Site or the Content that we deem appropriate, in our sole discretion. In certain cases, if such limitations are exceeded, commercial users will be charged additional fees or may be subject to a different tier of pricing. We may impose or modify these limitations without notice. We may utilize technical measures to prevent over-usage or stop usage of the Platform by you or any other user after any usage limitations are exceeded or suspend your access to the Platform with or without notice to you in the event you exceed any such limitations. There may be certain software used by the Platform that is offered under an open-source license and there may be provisions in the open source license associated with such software that expressly override these Terms. There may be certain limitations on the Platform in contracts with third-party providers of services to the Platform that expressly override these Terms.
Except for the limited rights expressly licensed in these Terms, Recz and its third-party licensors or suppliers retain all right, title, and interest in and to the Services, the Platform and the Submissions. If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and the Platform, and you must destroy any downloaded or printed Content.
Privacy; Use of Data
Privacy Policy. Please review the Recz Privacy Policy (the "Privacy Policy") on the Site, which explains how we use and disclose your user Data. By using our Services or the Platform, you agree that we may use and disclose the information we collect from and about you as stated in the Privacy Policy (which is incorporated into these Terms). You further acknowledge and agree that we may access or disclose user Data, including the content of communications stored on our systems, if: (i) we believe that disclosure is reasonably necessary to comply with any Applicable Law, legal process or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our Services or the Platform, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
“User Data” consists of information made available to us through your use of our Services or the Platform, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications and Submissions sent through the Platform, posted on the Site or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to Recz’s Privacy Policy, you must stop using our Services.
Except as may otherwise be agreed by Recz and you in writing, Recz may periodically delete your User Data. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of user Data.
You agree that Recz retains the right to create reasonable limits on Recz’s use and storage of the content on the Site or in the Platform, including your Submissions, such as limits on file size, storage space, processing capacity, and similar limits described in the Site and as otherwise determined by Recz in its sole discretion.
Submissions
Responsibility. Whether you are a commercial or non-commercial user, you are responsible for any questions, recommendations, comments, discussions, responses, communications, conversations, information, handles, opinions, messages, comments, data, photos, videos, graphics, sounds, music, voices and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Platform, the Services or the Site (each a "Submission"). When you transmit, post, upload, make available, provide or otherwise send through or using the Platform any Submissions, you agree that those Submissions shall not be in violation of the "Unauthorized Activities" section below. You warrant that the holder of any worldwide intellectual property right, including moral rights, in any Submission by you, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You acknowledge that Recz has no obligation to pre-screen any Submission by you or any other user, although Recz reserves the right in its sole discretion to pre-screen, refuse or remove any Submission. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Submission, including without limitation chat, text, or voice communications. In the event that Recz pre-screens, refuses or removes any Submission, you acknowledge that Recz will do so for Recz’s benefit, not yours. Without limiting the foregoing, Recz shall have the right to remove any Submission that violates the Terms or is otherwise objectionable.
Although Recz may, in its sole discretion, monitor, screen, modify, refuse, remove or edit Submissions for any reason, Recz is not obligated to do so. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your Submissions.
Without limiting the foregoing, you expressly acknowledge that any Submissions or other information you submit to the Site or the Platform may be viewable by other users of the Services or the Platform and any third party.
Notwithstanding the foregoing, you will not be responsible for any Submission made by any other party, including in conversations with providers or other members.
Retention. We may retain your Submissions, even after they have expired from view within the Platform or on the Site or even after you have deleted them. However, you agree that we have no obligation to retain any Submission or any communications to or by you with other users for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission or any other communication.
License. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Recz a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same ("Submission License"). Without limiting the foregoing, you agree that the Submission License gives Recz the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Submissions in any and all media or distribution methods, now known or later developed or in connection with any questions, comments, discussions, responses, communications involving or incorporating any of your Submissions. No use of Submissions in accordance with the Submission License shall entitle you to any compensation from Recz, or any third party. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services.
Preservation of Marks. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Platform. Recz’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Site or the Platform are the trademarks of Recz and may not be used without our express permission. Other trademarks, service marks and trade names that may appear on or in the Site or the Platform are the property of their respective owners.
Rights in Intellectual Property. Recz may use certain third-party providers to provide technologies and services to support the Services, such as (without limitation) sourcing of text numbers, spam filtering, software firewall protection technologies and hosting service providers (“Third-Party Technologies”). With the exception of the rights and licenses expressly set forth herein, nothing in these Terms grants any right, title or interest in or to any Intellectual Property Rights in or relating to the Platform, the Site or Third-Party Technologies. For purposes of these Terms, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws in any part of the world. All right, title and interest in and to the Platform, the Site or Third-Party Technologies are and will remain with Recz and the respective rights holders in the Third-Party Technologies.
Unauthorized Activities. In addition to and not in limitation of any other limitation or restriction set forth in the Terms, when using the Services or the Platform or accessing the Site, you agree not to:
- Create a handle or user name for the purpose of preventing others from using that handle or user name.
- Sell or buy user names.
- Impersonate another person in a manner that is intended to or does mislead, confuse or deceive others.
- Post or share another individual's private information without their express authorization and permission.
- Defame, abuse, bully, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Use racially or ethnically offensive language or sexist language.
- Discuss or incite illegal activity.
- Post or share Submissions that contain pornography or graphic violence.
- Post or share Submissions that are otherwise offensive.
- Post or share anything that exploits children or minors or that depicts cruelty to animals.
- Post or share Submissions that violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, crawler, scraper or other automated means to access the Services, Platform or Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Use or develop any third-party applications that interact with the Services, Site or Submissions without our prior written consent.
- Alter the responses, queries, advice, opinions, conversations or comments posted by others on the Services or the Site.
- Post or share any image or language that is obscene, vulgar or offensive or that threatens, disparages or demeans any individual or group.
- Attempt to circumvent any of our content-filtering techniques.
- Post or share anything inappropriate or disruptive to the Services or the Site.
- Disrupt, negatively affect or inhibit users from having a positive experience with the Services or the Site.
- Use the Services or the Site in violation of these Terms and/or for any unlawful purposes.
- Post or share anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not exhaustive or exclusive. Recz reserves the right to (a) suspend or terminate access to your Account and your ability to post to the Services or the Site (or otherwise use the Services), (b) delete, remove or refuse to distribute any Submissions and/or (c) reclaim user names, handles or mobile numbers assigned by us to you, as a commercial user, all with or without cause and with or without notice, for any reason or no reason without liability to you. If Recz believes a Submission violates these Terms, it may make that Submission invisible to other users without notifying you. Recz may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Recz's discretion, Recz will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Content or Third-Party Content may violate certain laws and regulations. You agree to indemnify and hold Recz and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that Recz or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the Site, or the use of the Services or the Site by any person using your user name and/or password, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Remedies
Violations. If Recz becomes aware of any possible violations by you of the Terms, Recz reserves the right to investigate such violations. If, as a result of the investigation, Recz believes that criminal activity has occurred, Recz reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Recz is entitled, except to the extent prohibited by Applicable Law, to disclose any information or materials on or in the Site or the Platform, including your Submissions, in Recz’s possession in connection with your use of the Site or the Platform, to (1) comply with Applicable Laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that your Submissions violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Recz, its users or the public, and all enforcement or other government officials, as Recz in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Recz determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Site or the Platform, Recz reserves the right to:
(a) Warn you via e-mail or text (to any e-mail address or text number you have provided to Recz) that you have violated the Terms;
(b) Delete and/or discontinue delivery or transmission of any of your Submissions provided by you or your agent(s) to the Site or the Platform;
(c) Discontinue your registration(s) with the Site or the Platform;
(d) Discontinue your subscription to or right to use any Services;
(e) Notify and/or send your Submissions to and fully cooperate with the proper law enforcement authorities for further action;
(f) Reclaim any mobile number(s) assigned by us to you, as a commercial user; and
(g) Pursue any other action which Recz deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the Site or the Platform is discontinued by Recz due to your violation of any portion of your Acceptance or the Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Site or the Platform through the use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for any fees related to the Site or the Platform to which your access has been terminated. In the event that you violate the immediately preceding sentence, Recz reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Disclaimer of Warranties. Your use of the Services, the Platform or the Site is at your own risk. Although we reserve the right to do so, we generally do not undertake to monitor, analyze, edit, review, redact or evaluate any Submissions made by you or messages sent by you or any responses that you may receive from any other user of the Services, the Platform or the Site, including without limitation services providers, customers, consumers, experts, wholesalers, suppliers or other users of the Services, Platform or Site. The Content may not have been verified or authenticated in whole or in part by Recz and may include inaccuracies or typographical or other errors.
Any business is responsible for the use of its trademarks and Recz will have no obligation to take any steps to protect such trademarks. Recz does not warrant that any question transmitted or posted by any non-commercial user is a legitimate question posed for the purpose of soliciting the assistance of a services provider or other third party. Recz does not warrant that any search, question, advice or recommendation given to or by any commercial or non-commercial user represents a good faith attempt at benefiting others or that such advice or recommendations, if followed would be of benefit to any user of the Services. Recz does not make any representations or warranties whatsoever with respect to any actions or performance by any commercial user.
Recz does not warrant the accuracy, quality or timeliness of any services provided to members by any commercial user providing services through the Platform or the Site or as an advertiser or affiliate (“Provider Services”). Recz has no liability for any loss of, or errors or omissions in any Provider Services, or for any errors or omissions in any Provider Services or any other aspect of any Provider Services.
Recz does not warrant the accuracy or timeliness of the Content contained on the Services, the Platform or the Site, including without limitation any Content provided by any commercial user. Recz has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Content or any other aspect of the Services, the Platform or the Site, whether provided by Recz, any licensors or suppliers, or other users (whether commercial or non-commercial). REcz does not undertake any obligation to insure that any Content is up-to-date.
RECZ, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE SITE, THE PLATFORM, PROVIDER SERVICES OR ANY CONTENT RELATING TO THE QUALITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR THE PLATFORM OR PROVIDED AS PART OF THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE PROVIDER SERVICES, THE PLATFORM, THE SITE, AND THE CONTENT, SUBMISSIONS AND MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, RECZ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.
RECZ MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PROVIDER SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES OR ANY PROVIDER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR ANY PROVIDER SERVICES WILL BE ACCURATE, RELIABLE OR TIMELY; OR (4) ANY ERRORS IN THE SERVICES OR ANY PROVIDER SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RECZ, ANY USER OF THE SITE OR PLATFORM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES OR PROVIDER SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. RECZ MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES OR PROVIDER SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES OR ANY PROVIDER SERVICES, AS THE CASE MAY BE. CONNECTIVITY, FEATURES, OR DELIVERY CAPABILITY MAY VARY, MAY BE LIMITED, AND MAY CHANGE OVER TIME.
Limitation of Liability
IN NO EVENT, AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL RECZ BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF RECZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, RECZ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (I) YOUR USE OF THE PLATFORM OR SITE TO PROCURE PROVIDER SERVICES OR (II) THE PROVIDER SERVICES PROVIDED BY ANY NON-COMMERCIAL USER.WITHOUT LIMITING THE FOREGOING, RECZ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, CONTENT OR SUBMISSIONS TO OR FROM THE SERVICES, THE PLATFORM OR THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF (I) THE SERVICES, THE PLATFORM AND THE SITE AND (II) THE PROVIDER SERVICES. YOUR ONLY REMEDY AGAINST RECZ FOR DISSATISFACTION WITH THE SERVICES OR PROVIDER SERVICES, THE PLATFORM OR THE SITE IS TO STOP USING THE SERVICES, THE PLATFORM OR THE SITE, AS APPLICABLE; PROVIDED THAT NOTHING IN THSES TERMS IS INTENDED TO LIMIT YOUR RIGHTS AGAINST ANY PROVIDER OF PROVIDER SERVICES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL RECZ BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTSPAID BY YOU DIRECTLY TO RECZ DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM OR $500, WHICHEVER IS GREATER.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RECZ AND YOU AND SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER RECZ NOR ANY PERSON OR ENTITY ASSOCIATED WITH RECZ IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RECZ OR ANY PERSON OR ENTITY ASSOCIATED WITH RECZ LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING (I) PROVIDERS OF PROVIDER SERVICES, (II) PROVIDERS OF TEXT NUMBERS AND OPERATORS OF TELECOMMUNICATIONS NETWORKS AND MOBILE CARRIERS AND (III) ADVERTISERS AND PROVIDERS OF LINKS TO THIRD-PARTY WEBSITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTENT MAY BE TRANSMITTED VIA UNENCRYPTED METHODS OVER VARIOUS THIRD-PARTY NETWORKS.
RECZ’S SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS OR MMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER RECZ NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD RECZ HARMLESS AGAINST ANY AND ALL SUCH CLAIMS, DAMAGES OR LOSSES) ARISING FROM OR RELATING TO THE INABILITY TO USE OUR SERVICES TO CONTACT EMERGENCY SERVICES.
Applicable Law; Export Control
Local Laws; Export Control. Recz controls and operates the Services, the Platform and the Site from its headquarters in the United States and the Services are not appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
Compliance with Applicable Law. Your access to and use of the Services must be in strict compliance with Applicable Law. “Applicable Law” includes all applicable laws, rules and regulations applicable to you, your business or the subject matter of this Agreement. In the case of commercial users, Applicable Law includes without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule U.S., Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended.
Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Recz, the Services, the Site, the Platform, any Submissions or any Content, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Recz is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Recz is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Compliance with the Digital Millennium Copyright Act. Recz abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on the Site that is controlled or operated by Recz and that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. Recz does not control content hosted on third party websites, and we cannot remove content from sites it does not own or control.
If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Recz’s rights and obligations under the DMCA and, in particular, section 512(c). They do not constitute legal advice.
Filing a Notice of Infringing Material Under the DMCA. To file a notice of infringing material on a Site owned or controlled by Recz, please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, or email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Then, email this notice to contact@getrecz.com
Recz's agent for notice of claims of intellectual property infringement on the Services can be reached as follows:
Zuzu, Inc.
dzakas@getrecz.com
Attn: Copyright Agent
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Recz-designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Recz may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Confidential Information. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by us that is marked or otherwise designated as confidential. “Confidential Information” does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. By using the Services, the Site and the Platform, you acknowledge and agree that Submissions and Content provided by you do not constitute Confidential Information.
You agree that you will use our Confidential Information solely in accordance with the provisions of this Agreement and you will not use, access or permit the use or access of our Confidential Information except as necessary to exercise your rights or perform your obligations under and in accordance with these Terms or as expressly permitted by us in writing. You agree to exercise due care in protecting our Confidential Information from unauthorized use and disclosure. You may disclose our Confidential Information, in whole or in part to your employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. You may disclose our Confidential Information as required by law, upon prior written notice to us (where allowed by law); provided that you will use your reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
Force Majeure. Recz shall not be liable for any failure or delay in performing our obligations hereunder, if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Recz. In addition, Recz shall be so excused in the event that it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of our Services.
Choice of Law and Venue.These Terms shall be governed by and construed in accordance with the substantive law of the State of Georgia (subject to any applicable preemption by U.S. federal substantive law) without regard conflict of law principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, any laws based on the Uniform Computer Information Transactions Act (UCITA), or any foreign laws. Any legal suit, action or proceeding arising out of or related to these Terms shall be instituted in the business court in Fulton County, Georgia or if for whatever reason such action cannot be tried in such business court, in either the state or federal courts located in Fulton County, Georgia and you and Recz each consent to the personal jurisdiction of these courts.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Limitations Period. YOU AND RECZAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE PLATFORM, SITE OR SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Survival. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Entire Agreement. For commercial users, the Terms and the Commercial Terms are only those stated herein and therein, and they shall constitute the complete agreement between the parties. The Terms and the Commercial Terms supersede all prior and contemporaneous proposals, negotiations, discussions, statements, sales materials, presentations, and agreements, whether oral or written. No terms or conditions stated in or attached to your communications with Recz are applicable to Terms and the Commercial Terms in any way, and they are not to be considered exceptions to the provisions of Terms and the Commercial Terms.
For non-commercial users, the Terms are only those stated herein, and they shall constitute the complete agreement between the parties. These Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, and agreements, whether oral or written. No terms or conditions stated in or attached to your communications with Recz are applicable to these Terms in any way, and they are not to be considered exceptions to the provisions of these Terms.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. If any of these Terms is found to be inconsistent with Applicable Law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
No Waiver. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any waiver must be in writing and signed by both parties to be legally binding.
Relationship of the Parties. You and Recz are each independent contractors in the performance of each and every part of these Terms. No agency, partnership, joint venture, franchise, or employer-employee relationship is created as a result of these Terms. You will be solely responsible for all of your employees, agents, and your labor costs and expenses arising in connection them; Recz will be solely responsible for all of our employees, agents, and our labor costs and expenses arising in connection with them. Likewise, you will be solely responsible for any and all claims, liabilities, damages, or debts of any type that arise on account of your activities or those of your employees or agents in the performance of these Terms; Recz will be solely responsible for any and all claims, liabilities, damages, or debts of any type that may arise on account of our own activities or those of our employees or agents in the performance of these Terms.
You do not have any authority of any kind to bind Recz in any respect whatsoever, and you shall not attempt to do so or imply that you have the right to do so.
Notices. All notices that you are required to make hereunder shall be in writing. They will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by hand to 365 Peachtree Battle Ave., Atlanta, GA 30305 Attention: Legal or contact@getrecz.com; on the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, with return receipt requested.
Recz may give notice to you by means of a general notice on the Recz Site or Services, electronic mail to your e-mail address on record in Recz’s account information for you, or by written communication sent by personal delivery, overnight courier, or certified or registered mail to your address on record in Recz's account information for you.
Contact Us. If you have any questions about the Terms or otherwise need to contact Recz for any reason, you can reach us at:
Zuzu, Inc.
dzakas@getrecz.com