Effective Date: September 1, 2020
- Introduction and Scope
This document is an agreement between You and Reconfig Cloud Services Inc. and its subsidiaries (“Reconfig,” “our,” “we” or “us”). You acknowledge and agree that by accessing or using this website or other websites or webpages owned and operated by Reconfig or its subsidiaries, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply. These Terms of Service govern your access to and use of Reconfig.com and other websites or webpages owned and operated by Reconfig or its subsidiaries (the “Reconfig Sites”), including any content functionality and services offered on or through the Reconfig Sites. If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use the Reconfig Sites.
- Change to the Terms of Service
Reconfig may revise these Terms of Service at any time without giving notice. All revisions are effective immediately when posted, and apply to any access to and use of the Reconfig Sites thereafter. Your continued use of the Reconfig Sites following the posting of changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any changes made to these Terms of Service, you may not access or use the Reconfig Sites.
- Accessing the Reconfig Sites and Account Security
We reserve the right to withdraw or amend any of the Reconfig Sites, and any service or material we provide on the Reconfig Sites, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Reconfig Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Reconfig Sites, or all of the Reconfig Sites, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Reconfig Sites; and
- Ensuring that all persons who access the Reconfig Sites through your internet connection are aware of these Terms of Service and comply with them.
To access the Reconfig Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Reconfig Sites that all the information you provide on the Reconfig Sites is correct, current and complete. You agree that all information you provide to register with the Reconfig Sites or otherwise, including but not limited to through the use of any interactive features on the Reconfig Sites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
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 the Reconfig Sites or portions of them using your user name, password or other security information. 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.
You agree that you are entirely responsible for the security of your password and for all aspects of keeping your account secure. Furthermore, you are entirely responsible for any and all activities that occur on your account. 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. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you can be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. Additionally, we reserve the right to determine if you have violated these Terms of Service, and to take any other action we deem appropriate, including termination or suspension of your access to and use of the Reconfig Sites.
- Intellectual Property Rights
All content, features and functionality on the Reconfig Sites, including, but not limited to, Marks (defined below), designs, text, graphics, sounds, images, videos, software, and other Reconfig Site materials are the intellectual property of Reconfig, one of its affiliates, its licensors or other providers of such material, and (i) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (ii) except as stated herein, may not be modified, copied, displayed, transmitted, published, reproduced or distributed in any form without our prior written permission. If you wish to make any use of material on the Reconfig Sites prohibited by this section, you may request permission by writing to: media@Reconfig.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Reconfig Sites in breach of these Terms of Service, your right to use the Reconfig Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Reconfig Sites or any content on the Reconfig Sites, except for the nonexclusive, limited license expressly granted to you, is transferred to you, and all rights not expressly granted are reserved by Reconfig. Any use of the Reconfig Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Provided that you comply with these terms, Reconfig grants to you a nonexclusive, limited license to access and use the Reconfig Sites as a current or potential customer, vendor, or business partner of Reconfig or for non-commercial purposes. You may not use the Reconfig Sites for any other purpose. We reserve all rights not expressly granted herein.
- Trademarks and Brands
Reconfig, the Reconfig logo, and all related names, logos, product and service names, designs and slogans (“Marks”) are the exclusive and valuable property of Reconfig or its subsidiaries. The Marks can only be reproduced or displayed with our specific prior written permission, and only in accordance with [Reconfig Trademark Policy and Guidelines.]
- Limited Copyright Permission
Subject to the terms of an applicable software or service license or other written agreement, Reconfig grants you permission under its copyrights to display, copy, or download materials from the Reconfig Sites for personal, non-commercial and informational use only, provided that You DO NOT:
- Modify the Materials;
- Remove or alter any copyright or other proprietary notices contained in the Materials;
- Frame or utilize framing techniques, to display the Materials at a domain not owned by Reconfig; or
- Use any Reconfig-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to Reconfig.
Where Reconfig has provided a translation of the English-language version of a Reconfig Site, these Terms of Service, or other materials, you agree that:
- The translations are only for your convenience;
- The English-language version governs your use of the materials provided by Reconfig; and
- The English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).
The Reconfig Sites may contain typographical, technical inaccuracies or other content errors. We do not warrant the accuracy of any information posted on the Reconfig Sites. You should use only the current Reconfig Sites dedicated to your country or geographic region and also confirm the accuracy and completeness of information through sources other than the Reconfig Sites before making decisions relating to products, services or other matters made available through the Reconfig Sites. We disclaim all liability and responsibility arising from any reliance placed on information posted on the Reconfig Sites by you or any other visitor to the Reconfig Sites, or by anyone who may be informed of any of its contents.
- User Contributions
The Reconfig Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Reconfig Sites.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the Reconfig Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Reconfig Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Reconfig, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Reconfig Sites.
We reserve the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standard, infringes any intellectual property right or other right of an person or entity, threatens the personal safety of users of the Reconfig Sites or the public or could create liability for Reconfig;
- Disclose your identity or other information about you to any third party who claims that material posted by you 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 Reconfig Sites; and
- Terminate or suspend your access to all or part of the Reconfig Sites for any or no reason, including without limitation, any violation of these Terms of Service.
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 Reconfig Sites. YOU WAIVE AND HOLD HARMLESS RECONFIG AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RECONFIG OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RECONFIG OR ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Reconfig Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, 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.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Notice;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- User Information; Copyright Infringement
If you elect to submit any information, including any confidential or proprietary information, other than credit card information, through the Reconfig Sites, it will be deemed and treated by Reconfig as NON-CONFIDENTIAL. Other than credit card information, if you submit any information to Reconfig through the Reconfig Sites, you hereby grant us a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license (including a waiver of any moral rights) under your intellectual property rights to use, copy, modify, display, perform and distribute any such submitted information, and to incorporate any submitted information into other works in any form, media, or technology now known or later developed. We are not responsible for the accuracy of content on any area of the Reconfig Sites where users may post or transmit information. Reconfig’s Privacy Notice outlines the manner in which we (or others acting on our behalf) collect, use and share information about you in connection with your use of the Reconfig Sites, and it is your responsibility to review our Privacy Notice prior to agreeing to these Terms of Service.
For any claims that any content on the Reconfig Sites, including user submissions, infringe upon any third-party’s intellectual property rights or rights of publicity or privacy, please refer to our DMCA Copyright Policy for the proper notification procedure.
- Information About You and Your Visits to the Reconfig Sites
All information we collect on the Reconfig Sites is subject to our Privacy Notice. By using the Reconfig Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
- Additional Terms
The Reconfig products and services offered on the Reconfig Sites may be subject to additional terms and conditions. Additional licensing terms and conditions apply for software you download from the Reconfig Sites (including software that is required for use of certain Reconfig services), which are disclosed in an End-User License Agreement (“EULA”) that accompanies or is included with such software. Use of the software is governed by the terms of the EULA. Any software that is made available for download from the Reconfig Sites or for which a fee is charged is the copyrighted work of Reconfig or its suppliers. If you purchase Reconfig products or services, you will be unable to install any software that is accompanied by or includes a EULA, unless you agree to the terms and conditions of such EULA. Any reproduction or redistribution of the software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Unless indicated otherwise, if there is a conflict between these Terms of Service and the additional terms, the additional terms will govern.
- Third-Party Content and Links
The Reconfig Sites may display content provided by third parties and links to third-party web pages, including advertisements and solicitations to purchase their products or services. You acknowledge that we are not responsible for the third-party content. You also agree that we ARE NOT responsible or liable for any losses or damages you experience with any third-party content upon which you chose to rely or advertisements to which you respond, and that you must contact the third party directly for any remedies that may be available to you. We are not responsible for any transactions you may enter into with third parties, regardless of whether you discovered them or linked to them from the Reconfig Sites. If you access a non-Reconfig-owned or controlled website, even if it displays one of our Marks, it is independent from Reconfig and we do not have any control of the content on that website. We also are not responsible or liable to you or any third party, for any inaccuracies or other issues with the content of any materials provided by any third parties.
- Linking to the Website and Social Media Features
You may link to the Reconfig Sites, 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.
The Reconfig Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Reconfig Sites.
- Send e-mails or other communications with certain content, or links to certain content, on the Reconfig Sites.
- Cause limited portions of content on the Reconfig Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Reconfig Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Reconfig Sites other than the homepage of one of those sites.
- Otherwise take any action with respect to the materials on the Reconfig Sites that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
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.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Regional Product Availability
The Reconfig Sites may contain references to Reconfig products and services that are not available in your country or region. Reconfig may not intend to announce or make available such products and services in your geographical region. For the most accurate product and service availability, please use your country- or region-specific Reconfig website.
- Export Control Laws
Any software downloaded from the Reconfig Sites is subject to applicable export laws and regulations. The export or reexport of software in violation of export control laws and regulations is strictly prohibited. By downloading, purchasing or using any software from the Reconfig Sites, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations.
- DISCLAIMER OF WARRANTY
YOUR USE OF THE RECONFIG SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECONFIG SITES IS AT YOUR OWN RISK. THE RECONFIG SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECONFIG SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RECONFIG DISCLAIMS ANY WARRANTY THAT THE RECONFIG SITES, OR YOUR ACCESS TO THE RECONFIG SITES, WILL BE UNINTERRUPTED, SECURE, RELIABLE, TIMELY OR ERROR-FREE. RECONFIG DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE RECONFIG SITES. YOUR USE OF THE RECONFIG SITES, INCLUDING IF YOU DOWNLOAD OR OTHERWISE OBTAIN PRODUCTS, MATERIALS OR DATA THROUGH THE USE OF THE RECONFIG SITES, SERVICES, OR PRODUCTS, IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE RECONFIG SITES, SERVICES, OR PRODUCTS OR THE DOWNLOAD OF SUCH PRODUCT, MATERIAL OR DATA. IF THE JURISDICTION WHERE YOU ARE LOCATED LIMITS THE EXCLUSION OF WARRANTIES, THEN THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES IS RECONFIG, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, RELIANCE, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATED TO OR ARISING FROM THE RECONFIG SITES OR ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION, SERVICES OR PRODUCTS AVAILABLE ON THE RECONFIG SITES, INCLUDING WEBSITES LINKED TO OR ACCESSED FROM THE RECONFIG SITES AND ANY PRODUCTS DOWNLOADED FROM, OR SERVICES ACCESSED THROUGH THE RECONFIG SITES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY (EVEN IF RECONFIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT OF APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Reconfig, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Reconfig Sites, including, but not limited to, your User Contributions, any use of the Reconfig Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Reconfig sites.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE RECONFIG SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Governing Law
These Terms of Service and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions.
- Waiver and Severability
No waiver by Reconfig of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Reconfig to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
- Entire Agreement
These Terms of Service, our Privacy Notice and other Policies incorporated by reference constitute the sole and entire agreement between you and Reconfig with respect to the Reconfig Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Reconfig Sites.
- Force Majeure
Under no circumstances shall Reconfig, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, pandemics, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
- Comments and Concerns
The Reconfig Sites are operated by Reconfig Cloud Services Inc.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Reconfig Sites should be directed to: media@Reconfig.com