Terms of Service Last Revised: October 26, 2021 PLEASE READ THIS LEGAL
DOCUMENT CAREFULLY. ReCon App provides simple, low-latency game streaming
through a downloadable desktop application. This website and its
subdomains (collectively, the “Site”), all software and associated
documentation that is made available to you by ReCon (“Software”), and the
services and resources available or enabled via the Site or Software (each
a “Service” and collectively the “Services”) are controlled by ReCon. By
registering on the Site or by visiting, browsing, or using any of the
Services in any way, you (“user” or “you”) accept these Terms of Use (the
“Terms”). These Terms are legally binding and govern your use of each of
the Services, including the Software. By accessing or using any of the
Services, you are accepting these Terms (on behalf of yourself or the
entity that you represent), and you represent and warrant that (1) you
have read, understand and agree to be bound by these Terms, (2) you are at
least 18 years old or the age of majority in the jurisdiction from which
you are accessing the Services (or are at least 13 years old and have your
parent or legal guardian’s consent) and (3) you have the authority to
enter into the Terms personally or on behalf of the legal entity
identified during the account registration process, and to bind that legal
entity to the Terms. If you, or if applicable, such legal entity, do not
agree to be bound by the Terms, you, and if applicable, such legal entity,
may not access or use any of the Services. PLEASE BE AWARE THAT SECTION
2.9 (ReCon COMMUNICATIONS) OF THE TERMS BELOW CONTAINS YOUR OPT-IN CONSENT
TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA E-MAIL.
PLEASE BE AWARE THAT THE TERMS BELOW CONTAIN PROVISIONS GOVERNING HOW ANY
DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN
ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE
PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS
AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. Accounts
Account Creation. In order to access certain Services, you must register
for an account (“Account”) and provide certain information about yourself.
You represent and warrant that: (a) all Account information you submit is
truthful and accurate, and (b) you will maintain the accuracy of such
information. If you provide any information that is untrue, inaccurate,
not current or incomplete, or ReCon has reasonable grounds to suspect that
any information you provide is untrue, inaccurate, not current or
incomplete, ReCon has the right to suspend or terminate your Account and
refuse any and all current or future use of the Services (or any portion
thereof). You agree not to create an Account or use the Services if you
have been previously banned from any of the Services by ReCon. You may
delete your Account at any time, for any reason, from the “Account” page
on the Site. ReCon may suspend or terminate your Account in accordance
with Section 11. Account Responsibilities. You are responsible for
maintaining the confidentiality of your Account login information and for
all activities that occur under your Account. You agree to immediately
notify ReCon of any unauthorized use, or suspected unauthorized use of
your Account or any other breach of security. You may not share your
Account login or password with anyone, and you agree to exit from your
Account at the end of each session. ReCon cannot and will not be liable
for any loss or damage arising from your failure to comply with this. Your
Account. Notwithstanding anything to the contrary in the Terms, you
acknowledge and agree that you shall 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 ReCon. Necessary Equipment and Software. You must
provide all equipment and software necessary to connect to the Services,
including but not limited to, a mobile device that is suitable to connect
with and use the Mobile App. You are solely responsible for any fees,
including Internet connection or mobile fees, that you incur when
accessing the Services. Use of the Services The Services are protected by
applicable intellectual property laws. Unless subject to a separate
license between you and ReCon, your right to use any and all Services is
subject to the Terms. ReCon Software. Subject to your compliance with the
Terms, ReCon grants you a limited, non-assignable, non-transferable,
non-sublicensable, revocable, non-exclusive license to use, access and
download (as applicable) the Software on computer equipment you own or
control solely for your own personal, noncommercial use including to make
your computer available to other individuals on a hosted basis, and solely
to stream content that you own or otherwise have the right to use and
stream. Updates. You understand that the Services are evolving. As a
result, ReCon may require you to accept updates to Services that you have
installed on your computer or mobile device. You acknowledge and agree
that ReCon may update the Services with or without notifying you. You may
need to update third-party software from time to time in order to use the
Services. Restrictions. The licenses granted in prior sections are subject
to the following restrictions: (a) you may not license, sell, rent, lease,
transfer, assign, distribute, or commercially exploit the Services, in
whole or in part, or any content displayed on the Services; (b) you may
not modify, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Services; (c) you may not access the
Services in order to build a similar or competitive website, product, or
service; and (d) except as expressly stated herein, you may not copy,
reproduce, distribute, republish, download, display, post or transmit in
any form or by any means any part the Services. Unless otherwise
indicated, any future release, update, or other addition to functionality
of the Services will be subject to the Terms. All copyright and other
proprietary notices on the Services (or on any content displayed on the
Services) must be retained on all copies thereof. Modification. ReCon
reserves the right, at any time, to modify, suspend, or discontinue all or
any elements of the Services (in whole or in part) with or without notice
to you. You agree that ReCon will not be liable to you or to any third
party for any such modification, suspension, or discontinuation. No
Support or Maintenance. You acknowledge and agree that ReCon will have no
obligation to provide you with any support or maintenance in connection
with the Services. Third-Party Materials. As a part of the Services, you
may have access to materials that are hosted by another party. You agree
that it is impossible for ReCon to monitor such materials and that you
access these materials at your own risk. Ownership. 1. Excluding any User
Content (defined below) that you may provide, you acknowledge that all
intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Services and their content are owned by ReCon or
ReCon’s suppliers. Neither these Terms nor your access to the Services
transfers to you or any third party any rights, title or interest in or to
such intellectual property rights, except for the limited licenses granted
in prior sections. Privacy Any information that you provide to ReCon, as
well as any information that ReCon otherwise collects via the Services and
your use of them, is subject to our Privacy Policy, which governs our
collection and use of such information. You understand that through your
use of the Services you consent to the collection and use (as set forth in
the Privacy Policy) of this information. Responsibility for Content User
Content. “User Content” means any information and content that a user
submits to, or uses with, the Services (including content streamed through
the Software, content submitted to message boards, content emailed,
transmitted, or otherwise make available through equivalent areas of the
Site). You are solely responsible for your User Content, including owning
copies of all games that you host via the Software. You assume all risks
associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your
User Content that personally identifies you or any third party. You hereby
represent and warrant that your User Content does not and will not violate
the Acceptable Use Policy, and that you are either the creator and owner
of the User Content or have sufficient rights and authority to make your
User Content available as contemplated by these Terms, including to stream
the User Content through the Software. You may not represent or imply to
others that your User Content is in any way provided, sponsored or
endorsed by ReCon. Unless otherwise specified with respect to a particular
ReCon offering, ReCon is not obligated to backup any User Content, and
your User Content, to the extent stored on ReCon equipment, may be deleted
at any time without prior notice. You are solely responsible for creating
and maintaining your own backup copies of your User Content if you desire.
License. To the extent that you provide User Content to ReCon (in
connection with reviews, communications with other members, message
boards, etc.), you hereby grant (and represent and warrant that you have
the right to grant) ReCon an irrevocable, non-exclusive, royalty-free and
fully-paid-up, worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit such User Content, and to grant
sublicenses of the foregoing rights, in connection with the operation and
improvement of the Services. You hereby irrevocably waive (and agree to
cause to be waived) any claims and assertions of moral rights or
attribution with respect to your User Content. For the sake of clarity,
ReCon does not, and will not (unless required by law), record User Content
streamed over the service or otherwise use, disclose, or share such
streamed User Content with any third parties. Acceptable Use Policy. You
agree not to use the Services to collect, upload, transmit, display,
stream, or distribute any User Content (i) that violates 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; (ii) that is unlawful, harassing, abusive,
tortious, threatening, harmful, invasive of another’s privacy, vulgar,
defamatory, false, intentionally misleading, trade libelous, pornographic,
obscene, patently offensive, promotes racism, bigotry, hatred, or physical
harm of any kind against any group or individual or is otherwise
objectionable; (iii) that is harmful to minors in any way; (iv) that is in
violation of any law, regulation, or obligations or restrictions imposed
by any third party; or (v) that you do not have the right to so collect,
upload, transmit, display, stream, or distribute. In addition, you agree
not to: (i) upload, transmit, or distribute to or through the Services any
computer viruses, worms, or any software intended to damage or alter a
computer system or data; (ii) send through the Services unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (iii) use the Services to
harvest, collect, gather or assemble information or data regarding other
users, including e-mail addresses, without their consent; (iv) interfere
with, disrupt, or create an undue burden on servers or networks connected
to the Services, or violate the regulations, policies or procedures of
such networks; (v) attempt to gain unauthorized access to the Services (or
to other computer systems or networks connected to or used together with
the Services), whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the
Services; or (vi) use software or automated agents or scripts to produce
multiple accounts on the Services, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the Site
(provided, however, that we conditionally grant to the operators of public
search engines revocable permission to use spiders to copy materials from
the Site for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not
caches or archives of such materials, subject to the parameters set forth
in our robots.txt file). ReCon takes no responsibility and assumes no
liability for any User Content or for any loss or damage resulting
therefrom, nor is ReCon liable for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may
encounter in User Content when using the Services. Your use of the
Services is at your own risk. In addition, these rules do not create any
private right of action on the part of any third party or any reasonable
expectation that the Services will not contain any content that is
prohibited by these Terms. Enforcement. We reserve the right (but have no
obligation) to investigate and/or take appropriate action against you in
our sole discretion with respect to your User Content if you violate the
Acceptable Use Policy or any other provision of these Terms. Such action
may include removing or modifying your User Content, terminating your
Account in accordance with Section 11, and/or reporting you to law
enforcement authorities. Feedback. If you provide ReCon with any feedback
or suggestions regarding the Services (“Feedback”), you hereby assign to
ReCon all rights in such Feedback and agree that ReCon will have the right
to use and fully exploit such Feedback and related information in any
manner it deems appropriate. ReCon will treat any Feedback you provide to
ReCon as non-confidential and non-proprietary. You agree that you will not
submit to ReCon any information or ideas that you consider to be
confidential or proprietary. Payment. You agree to pay the applicable fees
or charges to your Account via Stripe or another third party payment
services provider used by ReCon. Any agreement you have with your payment
provider will govern your use of your specified payment method. ReCon
reserves the right at any time to change its prices and billing methods,
either immediately upon posting on the Services or by e-mail delivery to
you. You will be required to provide a valid credit, charge or debit card
number from a card issuer that we accept as a condition to signing up for
any paid subscription Services – your authorizations in this section also
apply to our third party payment processor and any other company who acts
as a billing agent for us. Taxes. The Service Subscription Fees do not
include any Sales Tax that may be due in connection with the subscription
Services, and you are solely responsible for the payment of all such Sales
Taxes and you agree to indemnify ReCon for any liability or expense ReCon
may incur in connection with such Sales Taxes. If ReCon determines it has
a legal obligation to collect a Sales Tax from you in connection with such
Services, ReCon may collect such Sales Tax in addition to the payments
required under the Terms. Upon ReCon’s request, you will provide it with
official receipts issued by the appropriate taxing authority, or other
such evidence that you have paid all applicable taxes. For purposes of
this section, “Sales Tax” shall mean any sales or use tax and any other
tax measured by sales proceeds that is the functional equivalent of a
sales tax where the applicable taxing jurisdiction does not otherwise
impose a sales or use tax. Indemnification You agree to indemnify and hold
ReCon (and its officers, employees, agents, suppliers, and licensors)
harmless, including costs and attorneys’ fees, from any claim or demand
made by any third party due to or arising out of (a) your use of the
Services, (b) your violation of the Terms, (c) your violation of
applicable laws or regulations, or (d) your User Content. ReCon reserves
the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any
indemnifiable matter without our prior written consent. ReCon will use
reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it. Other Users Access and Security. The Software
allows users to share access to their computers in order to stream
content. You are responsible for the User Content you make available via
the Services as set forth in Section 4, and you are responsible for
determining the appropriate access settings to your computer running the
Services for individuals you invite to access your computer using the
Services. THE SOFTWARE FUNCTIONS BY ALLOWING GUESTS ACCESS TO CERTAIN
FUNCTIONS OF THE HOST COMPUTER, SUCH AS THE MOUSE AND KEYBOARD. THE
DEFAULT SOFTWARE SETTING RESTRICTS GUEST ACCESS TO ONLY THOSE FUNCTIONS
NECESSARY FOR THE PROPER PERFORMANCE OF THE SOFTWARE. YOU ARE SOLELY
RESPONSIBLE FOR DETERMINING THE APPROPRIATE LEVEL OF ACCESS TO YOUR
COMPUTER, AND FOR ANY CONSEQUENCES, INCLUDING LOSS OF DATA, VIRUS OR
MALWARE INFECTION, UNAUTHORIZED USE, OR OTHER ACTS OF INDIVIDUALS WHO YOU
ALLOW TO ACCESS YOUR COMPUTER THROUGH THE SOFTWARE. Responsibility. ReCon
does not monitor and is not responsible for any User Content that is
streamed over the Services or any loss or damage that results from its use
to share computers. Each user is solely responsible for his or her own
User Content. We make no guarantees regarding the accuracy, currency,
suitability, or quality of any User Content. Your interactions with other
users are solely between you and such users. You agree that ReCon will not
be responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any user, we are under
no obligation to become involved. Release You hereby release and forever
discharge ReCon and our officers, employees, agents, successors, and
assigns (collectively, the “ReCon Parties”) from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Services (including any
interactions with, or act or omission of, other users). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542
IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.” This Section 8 shall not apply to subscribers of ReCon Teams.
Disclaimers As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES
ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ReCon (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR
WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE ReCon PROPERTIES, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. FROM TIME TO TIME, ReCon MAY OFFER NEW “BETA”
FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR
TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY
WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ReCon’S SOLE
DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH
FEATURES OR TOOLS. Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT WILL ReCon (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE
TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ReCon HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF,
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF
DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF
ANY KIND ARISING FROM OR RELATING TO THE TERMS. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ReCon AND YOU. Term and
Termination Subject to this Section, these Terms will remain in full force
and effect while you use any Services. You hereby acknowledge and agree
that the Terms commenced on the earlier to occur of (a) the date you first
used the Services or (b) the date you accepted the Terms, and will remain
in full force and effect while you use any Services, unless earlier
terminated in accordance with the Terms. If timely payment cannot be
charged to your payment provider for any reason, if you have materially
breached any provision of the Terms, or if ReCon is required to do so by
law, ReCon has the right to, immediately and without notice, suspend or
terminate any Services provided to you. You agree that all terminations
for cause shall be made in ReCon’s sole discretion and that ReCon shall
not be liable to you or any third party for any termination of your
Account. If you want to terminate the Services provided by ReCon, you may
do so by (a) notifying ReCon at any time and (b) closing your Account for
all of the Services that you use. Your notice should be sent, in writing,
to ReCon’s address set forth below. THE SERVICES WILL CONTINUE AT THE END
OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN
ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 5.6. Upon termination
of your rights under these Terms, your Account and right to access and use
the Services will terminate immediately. Termination of your Account may
involve deletion of User Content associated with your Account. ReCon will
not have any liability whatsoever to you for any termination of your
rights under these Terms, including for termination of your Account or
deletion of your User Content. All provisions of the Terms which by their
nature should survive, shall survive termination of Services, including
without limitation, ownership provisions, warranty disclaimers, and
limitation of liability. International Users The Services can be accessed
from countries around the world and may contain references to services and
content that are not available in your country. These references do not
imply that ReCon intends to announce such services or content in your
country. The Services are controlled and offered by ReCon from its
facilities in the United States of America. ReCon makes no representations
that the Services are appropriate or available for use in other locations.
Those who access or use the Services from other countries do so at their
own volition and are responsible for compliance with local law. Copyright
Policy ReCon respects the intellectual property of others and asks that
users of the Services do the same. In connection with the Services, we
have adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the
termination, in appropriate circumstances, of users of the Services who
are repeat infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of
the Services, unlawfully infringing the copyright(s) in a work, and wish
to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be provided to our designated Copyright Agent: your physical
or electronic signature; identification of the copyrighted work(s) that
you claim to have been infringed; identification of the material on our
services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material; your address,
telephone number, and e-mail address; a statement that you have a good
faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law; and a statement that the
information in the notification is accurate, and under penalty of perjury,
that you are either the owner of the copyright that has allegedly been
infringed or that you are authorized to act on behalf of the copyright
owner. Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification automatically
subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification
and allegation of copyright infringement. Third-Party Services Third-Party
Providers. ReCon uses Stripe, Inc. and its affiliates as its third party
service provider for payment services (e.g., card acceptance, merchant
settlement, and related services). When purchasing a subscription to any
of the Services, you agree to be bound by Stripe’s Privacy Policy
(currently accessible at https://stripe.com/us/privacy) and its Terms of
Service (currently accessible at https://stripe.com/us/terms) and hereby
consent and authorize ReCon and Stripe to share any information and
payment instructions you provide to the minimum extent required to
complete your transactions. General Changes. These Terms are subject to
occasional revision, and if we make any substantial changes, we may notify
you by sending you an e-mail to the last e-mail address you provided to us
(if any), and/or by prominently posting notice of the changes on this page
and elsewhere in the Services. If the last e-mail address that you have
provided us is not valid, or for any reason is not capable of delivering
to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the changes
described in the notice. Any changes to these Terms will be effective upon
the earlier of thirty (30) calendar days following our dispatch of an
e-mail notice to you (if applicable) or thirty (30) calendar days
following our posting of notice of the changes on this page and in the
Services. These changes will be effective immediately for new users of the
Services. Continued use of the Services following notice of such changes
will indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes. Dispute Resolution.
Please read this Section (the “Arbitration Agreement”) carefully. It is
part of your contract with ReCon and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding
claims for injunctive or other equitable relief as set forth below) in
connection with the Terms or the use of any product or service provided by
ReCon that cannot be resolved informally or in small claims court will be
resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings will be held in English.This Arbitration Agreement applies to
you and ReCon, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms. Additional Rules for Non-Appearance Based
Arbitration. If non-appearance-based arbitration is elected, the
arbitration will be conducted by telephone, online and/or based solely on
written submissions; the specific manner will be chosen by the party
initiating the arbitration. The arbitration will not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties. Time Limits. If you or ReCon pursue arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations
(i.e., the legal deadline for filing a claim) and within any deadline
imposed under the AAA Rules for the pertinent claim. Authority of
Arbitrator. If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and ReCon, and the dispute will not
be consolidated with any other matters or joined with any other cases or
parties. The arbitrator will have the authority to grant motions
dispositive of all or part of any claim. The arbitrator may award monetary
damages, and grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and the Terms. The
arbitrator will issue a written award and statement of decision describing
the essential findings and conclusions on which the award is based,
including the calculation of any damages awarded. The arbitrator has the
same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding
upon you and ReCon. 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 JUDGE OR A JURY, instead electing that all claims and disputes
will be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less
costly than rules applicable in a court and are subject to very limited
review by a court. In the event any litigation should arise between you
and ReCon in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND ReCon WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge. Waiver of
Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE
USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE
OF ANY OTHER USER. If a decision is issued stating that applicable law
precludes enforcement of any of this section’s limitations as to a given
dispute, claim, or request for relief, then such aspect must be severed
from the arbitration and brought into the State or Federal Courts located
in the State of New York. All other disputes, claims, or requests for
relief shall be arbitrated. Confidentiality. All aspects of the
arbitration proceeding, including the award of the arbitrator and
compliance therewith, will be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph
will not prevent a party from submitting to a court of law any information
necessary to enforce this Arbitration Agreement or an arbitration award,
or to seek injunctive or equitable relief. Severability. If any part of
this Arbitration Agreement are found to be invalid or unenforceable by a
court of competent jurisdiction, then such specific part or parts will be
of no force and effect and will be severed and the remainder of the
Arbitration Agreement will continue in full force and effect. Right to
Waive. Any or all the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted.
Such waiver will not waive or affect any other portion of this Arbitration
Agreement. Small Claims Court.Notwithstanding the foregoing, either you or
ReCon may bring an individual action in small claims court. Emergency
Equitable Relief. Notwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for interim
measures will not be deemed a waiver of any other rights or obligations
under this Arbitration Agreement. Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of the
other party’s patent, copyright, trademark or trade secrets will not be
subject to this Arbitration Agreement. In any circumstances where the
foregoing Arbitration Agreement permits the parties to litigate in court,
the parties hereby agree to submit to the personal jurisdiction of the
state and federal courts located within New York County, New York, for
such purpose. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt
out to: legal@ReCon.app, within thirty (30) days after first becoming
subject to this Arbitration Agreement. Your notice must include your name
and address, your ReCon username (if any), the email address you used to
set up your Account (if you have one), and an unequivocal statement that
you want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement, all other parts of this Agreement will continue to
apply to you. Opting out of this Arbitration Agreement has no effect on
any other arbitration agreements that you may currently have, or may enter
in the future, with us. Export. The Services may be subject to Canadian
export control laws and may be subject to export or import regulations in
other countries. You agree not to export, reexport, or transfer, directly
or indirectly, any U.S. technical data acquired from ReCon, or any
products utilizing such data, in violation of the United States export
laws or regulations. Disclosures. ReCon is located at the address below.
Electronic Communications. The communications between you and ReCon use
electronic means, whether you use the Services or send us emails, or
whether ReCon posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive electronic
communications from ReCon; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that ReCon
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The
foregoing does not affect your statutory rights, including but not limited
to the Electronic Signatures in Global and National Commerce Act at 15
U.S.C. §7001 et seq. (“E-Sign”). Entire Terms. These Terms constitute the
entire agreement between you and us regarding the use of the Services. Our
failure to exercise or enforce any right or provision of these Terms will
not operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. The
word “may” means “has the right, but not the obligation, to”. If any
provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it
is valid and enforceable to the maximum extent permitted by law. Your
relationship to ReCon is that of an independent contractor, and neither
party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without ReCon’s prior written consent, and
any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. ReCon may freely assign
these Terms. The terms and conditions set forth in these Terms will be
binding upon assignees. Severability. If any portion of the Terms is held
invalid or unenforceable, that portion shall be construed in a manner to
reflect, as nearly as possible, the original intention of the parties, and
the remaining portions shall remain in full force and effect.
Copyright/Trademark Information. Copyright © 2021-21 ReCon Tech All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on
the Site are our property or the property of other third parties. You are
not permitted to use these Marks without our prior written consent or the
consent of such third-party which may own the Marks. Contact Information:
ReCon Tech Address: 5307 Victoria Drive #244, Vancouver, BC V5P 3V6,
Canada Email: info@reconapp.com