The policies below apply to the reflect.io sites (including any versions optimized for viewing on a wireless or tablet device, together the “Sites”); our analytics platform; all applications published by Reflect; and all other products, features, tools, materials, services, and communications provided by Reflect (“Services”), however accessed or used, that are operated, produced, maintained, or otherwise made available by Reflect Technologies, Inc. (collectively, “Reflect”, “we”, “us”, or “our”).
WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO THE USE OF REFLECT’S APIS AND ANALYTICS PLATFORM. BY USING THE SERVICES YOU AGREE TO SUCH TERMS AND CONDITIONS.
This is a legal agreement between you ("you" or "user") and Reflect that states the material terms and conditions that govern your use of the Services. These Terms of Service, together with all updates, supplements, additional terms, and all of Reflect’s rules and policies collectively constitute this "Agreement" between you and Reflect. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, IMMEDIATELY STOP USING THE SERVICES.
1. ACCOUNT REGISTRATION AND SECURITY
Users of the Services may be unregistered visitors, registered users, Trial Users or paying subscribers of certain of the Services (“Subscribers”). The different payment options and services offered for the different levels will be published on the relevant Sites or at the time a subscription or other service is offered or renewed. Any terms and conditions applying to such subscriptions or other services are incorporated into this Agreement. All Subscribers will also enter into a subscription agreement with Reflect and the Subscriber’s access and use of the corresponding Services will be governed by such subscription agreement
You may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Services’ registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Reflect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Reflect 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 are entirely responsible for the security and confidentiality of your password and account. You are responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to log in to the Services using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business. The Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Services, and your use of such third party services is subject to the terms and policies of those services.
2. TRIAL USE
Reflect may, from time to time, offer trial use of certain of Reflect’s Services (“Trial Subscription”). In such event, if you are a registered user, you may register for a Trial Subscription and you will be considered a trial user (“Trial User”). Depending on the nature of the Services, Trial Users may be subject to additional terms and conditions. Reflect reserves the right to change the features, functionality, and user experience of the Services subject to a Trial Subscription at any time and to change the terms of a Trial Subscription at any time. Trial Users understand that the Services provided under the Trial Subscription are provided as-is and may contain glitches, bugs, errors and cause system failures. Trial Users agree to (i) use, test, and evaluate the corresponding Services; (ii) provide suggestions, comments, ideas, enhancement request, recommendations, improvements, or other information to us related to the performance, usability, and functionality, among other things, of the Services (“Feedback”); and (iii) report to us any perceived bug, error or defect in the Services, or any software, tools or content accessible through the Services. Reflect shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any Feedback relating to the operation of the Service.
3. LICENSE TO SERVICES
Reflect grants you a limited, revocable, non-exclusive, non-transferable license to access the Services and their content solely for their intended purpose. You do not have the right to modify any portion of the Services or their content. This license does not include any resale or commercial use of the Services or their contents; any collection or use of any third party content on the Services; any collection or use of any service listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Services may be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Reflect’s express written consent. You will not access or attempt to access content on the Services through any interface except those publicly provided by Reflect. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Reflect, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the website or the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and licenses granted by us to you.
4(a). COPYRIGHT AND OWNERSHIP OF IP
The Services, software and all associated content (including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations) are owned by Reflect, its licensors, and its service providers. All elements of the Services (including, without limitation, the content and general design), are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for their intended purposes. Except as otherwise indicated in these Terms of Service or other specific documents provided by Reflect, or as permitted by copyright law, you are authorized to view, play, print and download content found in or created by the Services for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained in the Services. Except as authorized under copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available in the Services. The Services, their content and all related rights shall remain the exclusive property of Reflect or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found in these Services.
4(b). PROJECT DATA
As between you and Reflect, you exclusively owns all right, title and interest in and to all data submitted, stored, posted, displayed, transmitted or otherwise used by you in connection with your use of the Services (your “Project Data”) and any projects you complete.
All data analytics and aggregated data generated from your use of the Services will be the sole and exclusive property of Reflect. Reflect has the right to use, create derivative works of, distribute and otherwise exploit all such data analytics and anonymous aggregate usage data derived from your Project Data, such as the aggregate number of transactions that occur within a particular service. Reflect may also use your Project Data and any projects you complete for internal research purposes.
5. TRADEMARKS/NO ENDORSEMENT
All trademarks, service marks and trade names of Reflect used herein (including but not limited to: the Reflect name, Reflect corporate logo, the website name, the website design, and any logos) (collectively, “Marks”) are trademarks or registered trademarks of Reflect or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Reflect trademarks in any way, including in advertising or publicity pertaining to distribution of materials found in the Services, without Reflect's prior written consent. The use of Reflect trademarks on any other website or network computer environment is not allowed. Reflect prohibits the use of Reflect trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance. Do not use Reflect’s name or any language, pictures or symbols which could, in Reflect’s judgment, imply Reflects’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
6. COMMUNITY SUBMISSIONS POLICY
The Services may contain interactive features and functionality that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (e.g. comments, participation in communities, tips) on or to the Services (collectively, “User Submissions”). You are solely responsible for your User Submissions and the consequences of posting or publishing them. You retain all your rights to any User Submissions that you create, submit or share using the Services. By posting content on in our Services, you expressly grant Reflect a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential, and Reflect shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
7. INAPPROPRIATE USER SUBMISSIONS
Reflect does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Reflect will reject any submissions in which Reflect believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Service, Reflect reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
8. USER PUBLISHED CONTENT
User published content does not represent the views of Reflect or any individual associated with Reflect, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Reflect’s endorsement of user published content. Reflect does not vouch for the accuracy or credibility of any user published content on our Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content. Through your use of the Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Services, you assume all associated risks.
9. ADVERTISING RIGHTS
Reflect reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Reflect and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Reflect to sell, license or offer to sell or license any advertising, promotion or distribution rights.
10. LINKING TO THE SERVICES
Creating or maintaining any link from another website to any page on the Services without our prior written permission is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Services must comply will all applicable laws, rule and regulations.
11. THIRD PARTY LINKS
From time to time, the Services may contain links to websites that are not owned, operated or controlled by Reflect or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from these Services, you do so entirely at your own risk.
12. TRANSACTIONAL PARTNERS
In some cases we partner with another company to co-promote their services within our Services. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by the partner terms of service in addition to remaining bound by Reflect terms of service. When there is a conflict between these terms of service and the partner’s terms of service, their terms of service will prevail.
13. ACCURACY OF INFORMATION
We attempt to ensure that information in the Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any such information.
14. REPRESENTATIONS AND WARRANTIES
You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. Furthermore, you are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this agreement; (iv) you are not, and have not been an agent of Reflect and were not and are not acting on behalf of, or as a representative of, Reflect or any other party in connection with the User Submission; (v) the User Submission and Reflect use thereof as contemplated by this Agreement and Reflect website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (vi) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Reflect or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
Your use of THE SERVICES is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER REFLECT, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER REFLECT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REFLECT OR THROUGH REFLECT SERVICES, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATIONS OF LIABILITY
Reflect does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites or Services, or your downloading of any information or materials from the Services. IN NO EVENT WILL REFLECT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY SITES LINKED TO THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT REFLECT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL REFLECT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SERVICES.
You agree to defend, indemnify and hold Reflect and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or the Internet or your placement or transmission of any message or information on these Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Reflect; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Services, you release Reflect (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Services in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
20. FORCE MAJEURE
Neither Reflect nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Any claim relating to, and the use of, the Services and the materials contained herein is governed by the laws of the state of California. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Services or Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Reflect in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof.
24. ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org.
25. COPYRIGHT NOTICE
All site design, graphics, text selections, arrangements, and all software are Copyright © 2015, Reflect Technologies Inc. or its licensors. ALL RIGHTS RESERVED.
Last Updated: September 15, 2015