Visiting the Site or otherwise using any of the Services or content obtained directly or indirectly from Company constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the site or use any of its contents.
LICENSE AND SITE ACCESS
Reflex Protect grants the Customer, for the Term of this Agreement and in the Territory (both defined in the individual User agreement between Company and Customer), a limited, non-exclusive, terminable, and nontransferable license to access and make personal use of the Services and Content and not to download (other than necessary for page viewing) or modify the Services or Content, or any portion of thereof, except with Company’s express written consent. The Customer may not make any resale or commercial use of the Site or the Content; any collection or use of any product listings, descriptions, or prices; any derivative use of the Site and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Services and Content or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold, or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, videos, or form) of Reflex Protect without our express written consent. The Customer may not disassemble, decompile, or reverse engineer any online components of the Services or Content nor take any action, whether intentional or unintentional, that may circumvent, disable, damage, or impair Reflex Protect control or security systems nor allow or assist a third party to do so. The Customer shall only use the Services and Content in a manner that does not disparage the Services, Content, or Reflex Protect or otherwise use the Services or Content in any manner that Reflex Protect may, in its sole discretion, deem inappropriate. Any unauthorized use of the Services automatically terminates your permission or license to use our Services. All rights not expressly granted to Customer are reserved to Reflex Protect, and all uses of the Content by you not expressly permitted hereunder are prohibited.
Customer acknowledges and agrees that the Services and Content possess a special, unique, and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use and that unauthorized use may cause immediate and irreparable damage to Company for which Company would not have an adequate remedy at law. Therefore, Customer agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Company, Company shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
You agree that you will not send us or any other User any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.” You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Services for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Reflex Protect attempts to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
The Services may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products, or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
To the extent you access any of the Content online, you shall have a valid username, password, and passcode for such purposes (the “Log-In Information”). You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Customer. You are responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Services or Content by unauthorized persons using Log-In Information. Unauthorized access to or use of the Content by someone using a Customer or duly assigned student user of Customer Log-In Information may be attributed to such Customer.
You must keep your Log-In Information updated. In creating and updating your Log-In information, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Our Services and the Content are owned by or licensed to Reflex Protect, subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Reflex Protect reserves all rights to the Content, and by using the Content, even as permitted hereunder, you do not gain any ownership interest in the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.
Reflex Protect trademarks, the Reflex Protect logos, and any other product or service name or slogan contained in the Services and the Content are trademarks, trade dress, and service marks of Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Company or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Reflex Protect” or any other name, trademark, service mark, or product or service name of Reflex Protect without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are the service marks, trademarks, and/or trade dresses of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names, and company names or logos mentioned in the Services or Content are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof, nor does it imply their endorsement of us.
Reflex Protect may, but is not obligated to, monitor or review any areas of the Services where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, social networks, groups, communities, and other user forums. Reflex Protect, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, copyright, defamation, privacy, obscenity, or otherwise. Reflex Protect retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
RULES OF CONDUCT
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
COPYRIGHT POLICY AND COMPLAINTS
Reflex Protect respects the intellectual property of others. If you believe that any material on the Services or any use of the Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing can be found on the Site;
Your address, telephone number, and email address;
A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
1121 E. Broadway Ste. 135, Missoula, MT 59802
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Reflex Protect or any third party.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operator and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
PAYMENTS AND BILLING
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our FAQ for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services, such as the purchase of Boxes or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found at our Help / FAQ page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO REFLEXPROTECT.COM.
CURRENT INFORMATION REQUIRED
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT REFLEXPROTECT.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal, which can be done through your Account Settings reflexprotect.com/profile, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings reflexprotect.com/profile. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at email@example.com. Trial Offers are one-time only for new customers and are limited to one (1) per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of this Agreement.
Disclaimer of Warranties and Limitation of Liability
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMPANY’S SITES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHISTLEDROP DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM STUDYSYNC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDYSYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL COMPANY’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID TO COMPANY BY THE INJURED PARTY OR US$500.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Company reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
Disputes and Applicable Law
ARBITRATION CLAUSE & CLASS ACTION WAIVER
– IMPORTANT –
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Notwithstanding any other provisions of this Agreement:
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in any class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Changes and Severability
Communication with REFLEX PROTECT
If you have any questions or concerns, please contact us at info@ReflexProtect.com.
You agree to receive communications from us electronically regarding your account, this Agreement and the Services, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.
August 26, 2020