Terms of Use

Welcome to www.recon-inc.com. These Terms of Use are between you and Recon Inc. and its corporate affiliates (“We,” “us,” “our,” or “the Company”), for the use of our website (“the “Website”) and any current or future features, tools or services offered through the Website, or any apps associated with the Website. The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

Ownership of Our Content

All content on the Website,, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “the Company Content”), is the proprietary property of the Company or one of our endorsers or partners (collectively, “Company Partners”). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or a Company Partner and Company owns all rights in and to its product designs. The foregoing may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.

License To Use Website

You may use the Website, and the Company Content thereon, solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above will be reserved and remain always with the Company. You acquire no rights or licenses in or to the Website or Company Content other than the limited right to utilize the Website in accordance with these Terms of Use.

Privacy

Any and all information that we obtain from you, including names, addresses, telephone numbers, and/or e-mail addresses, and any other information concerning use, transactions, and traffic through the Website, will be collected and used by us as provided in our Privacy Policy, which can be accessed through the following link: Privacy Policy.

Termination

We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, we may delete and/or store, in its discretion, data associated with your use of the Website. We may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any feature, database, or content.

Communications On Internet; Events Beyond Our Control

Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates will not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF ANY COMPANY OR COMPANY PARTNER PROMOTION, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE. IN NO EVENT WILL COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section will survive any termination of these Terms of Use.

Links To Other Websites And Information About Other Products And Services

Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Indemnity

You agree to indemnify and hold Company, its subsidiaries and affiliates, and Company Partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.

Applicable Law

This Agreement will be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. With respect to any actions not subject to the parties’ arbitration obligations above, the sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement will be an appropriate state or federal court located in Los Angeles, California.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Location

We make no representations or warranties that the Website is appropriate or available for use in your country of origin. Visitors who choose to access the Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. When we post amended terms, we will include the date such amended terms were posted in the last line of these Terms of Use. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement

This Agreement, our Privacy Policy, and all other policies posted on the Website contain the entire agreement between you and the Company with respect to this Website and your purchases through the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Miscellaneous

For any questions or comments, or to report violations of this agreement, contact the Company at: ReconHR@recon-inc.com with “Terms of Use Agreement” in the subject line of your email.

These Terms of Use are effective as of August 1, 2019, and have not been modified since that date.

All rights reserved to Recon Inc. 2024

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