The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Reconstruct and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
3. Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any Services or material we provide on or through the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of a Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Websites or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
The Websites and their entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Reconstruct, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Except for Client Data and resulting output files, you must not:
- Modify copies of any materials from the Websites.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Reconstruct name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of Reconstruct or its affiliates or licensors (each, “Trademarks”). You must not use such marks without the prior written permission of Reconstruct except when publicly posting the results of your use of the Services on your Client Data (as described below). In such cases, Reconstruct grants you a limited, non-exclusive, non-transferable right and license to use Reconstruct’s Trademarks. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
6. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Reconstruct, a Reconstruct employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm Reconstruct or users of the Websites or expose them to liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
- Use any robot, spider or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Decompile, disassemble, or otherwise reverse engineer or attempt to discover the source code or any underlying proprietary information of the Websites and/or software hosted on the Websites.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Access or use the Websites for purposes of competitive analysis of the Services available on or through the Websites, the development, provision, or use of a competing software, service, or product, or any other purpose that is to Reconstruct’s detriment or commercial disadvantage.
- Otherwise attempt to interfere with the proper working of the Websites.
7. Client Data
You represent and warrant that:
- Your provision of the Client Data to the Websites will not infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- You own or control all rights in and to the Client Data and have the right to grant the licenses granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- The provision of Client Data will not violate, require consent under or otherwise result in any breach or default under any of the provisions of any contract or agreement to which you or your organization are a party.
You understand and acknowledge that you are responsible for any Client Data you submit or contribute, and you, not Reconstruct, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
You or your organization is and will remain the sole and exclusive owner or all right, title, and interest, including all intellectual property rights, in and to your Client Data. Subject to Reconstruct’s ownership rights in the all content, features, and functionality of the Websites described in Section 4 above, you also own all right, title, and interest, including all intellectual property rights, in and to any output file which is generated by you as a result of using the Services on or through the Websites.
By uploading or otherwise providing any Client Data to the Websites, you hereby grant to Reconstruct and our affiliates and service providers, and each of their and our respective licensees, a non-exclusive, royalty-free, sub-licensable, and transferable worldwide right and license to reproduce, create derivative works from, and otherwise use the Client Data and perform all acts with respect to the Client Data as may be necessary us to provide you with our Websites and the Services.
Our Websites and the Services do not replace the need for you to maintain regular data backups or redundant data archives of the Client Data or the resulting output files. RECONSTRUCT HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF CLIENT DATA.
8. Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material uploaded by you (including Client Data) violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS RECONSTRUCT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Reliance on Information Posted
Blog posts, videos, commentary, and all other information unrelated to your Client Data that is presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
These Websites may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Reconstruct, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Reconstruct. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Changes to the Websites
We may update the content on our Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
11. Information About You and Your Visits to the Websites
12. Online Purchases and Other Terms and Conditions
Unless your organization has entered into a separate agreement for the access and use of our Services, all purchases through our site or other transactions for the sale of Services formed through the Websites or as a result of visits made by you are governed by our standard SaaS Services Agreement without modification.
13. Linking to the Websites; Attribution of resulting output files
You may link to pages of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
You may, but are not required to, publicly post output files created from your Client Data and your use of the Services. Reconstruct prefers that any such postings include proper attribution to Reconstruct by linking to the home page of the Websites or other reference to the Reconstruct name.
14. Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, including when you read our blog posts on such third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions
The owner of the Websites is based in the State of Illinois in the United States. We make no claims that the Websites or any of their content are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access either of the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RECONSTRUCT NOR ANY PERSON ASSOCIATED WITH RECONSTRUCT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER RECONSTRUCT NOR ANYONE ASSOCIATED WITH RECONSTRUCT REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
RECONSTRUCT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY WARRANTIES SET FORTH IN A SEPARATE AGREEMENT BETWEEN RECONSTRUCT AND YOUR ORGANIZATION FOR THE ACCESS AND USE OF OUR WEBSITES AND SERVICES.
17. Limitation on Liability
WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY CLIENT DATA. ALL MEASUREMENTS PERFORMED THROUGH THE WEBSITES AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. RECONSTRUCT ASSUMES NO LIABILITY FROM INCORRECT OR INACCURATE MEASUREMENTS OR ANY MEASUREMENTS THAT DEVIATE FROM REALITY. BY USING THE MEASUREMENT TOOL AVAILABLE ON THE WEBSITES OR THE SERVICES, YOU AGREE AND ACKNOWLEDGE NOT TO HOLD RECONSTRUCT, OR OUR AFFILIATES AND SERVICE PROVIDERS, RESPONSIBLE FOR ANY INACCURACIES, FAILURES, OR ANY KIND OF DAMAGE RESULTING FROM THE USE OF THE MEASUREMENT TOOL OR ANY DECISIONS BASED ON ANY MEASUREMENTS AS A RESULT OF USING SUCH MEASUREMENT TOOLS.
IN NO EVENT WILL RECONSTRUCT, INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IF YOU ARE DISSATISFIED WITH THE SERVICES PROVIDED ON THE WEBSITES OR ANY RECONSTRUCT TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY TERMS AND CONDITIONS TO THE CONTRARY SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOUR ORGANIZATION AND RECONSTRUCT FOR THE ACCESS AND USE OF OUR WEBSITES AND SERVICES.
19. Governing Law and Jurisdiction
20. Limitation on Time to File Claims
21. Waiver and Severability
22. Entire Agreement
23. Your Comments and Concerns
These websites are operated by Reconstruct, Inc., 750 Menlo Ave. Suite 250 Menlo Park, CA, 95025 USA.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: email@example.com.