CHANGES TO THESE TERMS
Reconcile reserves the right, in its sole discretion, to revise these Terms at any time, with or without notice. Any changes to these Terms will be included in a revised version that is accessible through the Website. Reconcile may provide notice of significant changes to these Terms as required by law.
Use of the Website following posting of any changes to the Terms constitutes unconditional acceptance and agreement by the User to be bound by the changed terms. Users must cease using the Website if they do not agree to be bound by the revised terms.
The Effective Date of these Terms is: March 20, 2018.
RULES AND CONDUCT
Reconcile reserves the right to enforce rules to encourage a positive atmosphere on the Website. The following rules of conduct apply to all uses of the Website:
- Users must be 18 years or older to use the Website, or have parental consent.
- Users may not impersonate another person or represent themselves as affiliated with Reconcile.
- Users are responsible for keeping their personal information, such as credit card information, secure while using the Website.
- Users must not abuse, harass, threaten, impersonate, or intimidate other Users or use the Website to harass others in any form.
- Users may not use the Website for any illegal or unauthorized purpose.
This list contains examples and is not intended to be complete or exclusive. Reconcile does not have an obligation to monitor User access to or use of the Website. However, Reconcile does have the right to do so for the purpose of operating the Website, to ensure User compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Content available through the Website, for example, through certain blog posts, has not been reviewed, verified, or authenticated by Reconcile, and may include inaccuracies or false information. Reconcile makes no representations, warranties, or guarantees in connection with the Website relating to the quality, suitability, truth, accuracy or completeness of any content contained on the Website.
- Users may not access or attempt to access non-public areas of the Website, Reconcile’s computer systems, or the technical delivery systems used by Reconcile in providing this Website.
- Users may not use any robot, spider, site search/retrieval application, or other automated device, process, or means to scrape any portion of the Website or any content from Reconcile, including but not limited to, posted items, profiles, photos, or other User information.
- Users may not create or submit unwanted email or comments to any Reconcile users or customers.
- Users may not gather and use User information for any purpose outside of these Terms, including but not limited to, spam or any other form of unwanted solicitation.
- Users may not transmit any worms or viruses or any code of a destructive nature.
- Users may not use the Website to violate any laws in any jurisdiction.
- Reconcile reserves the right to refuse access to the Website, within its power, to any User for any reason at any time.
- In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Reconcile reserves the right to update or change the inaccuracy on the Website.
DISCLOSURES ABOUT SERVICES
The Website contains what can be construed as advertising material and/or solicitations for a variety of services, including without limitation, consulting and trainings (the “Services”). However, the Services shall in no way be construed as legal advice or services, nor as advertisements or solicitations for legal advice or services. Neither Reconcile nor its agents are licensed to practice law in California at this time.
INTEGRATION WITH THIRD-PARTY SERVICES
Reconcile is integrated with third parties, which may include but is not limited to social media providers like Facebook and LinkedIn and payment processors like GoFundMe and PayPal. If User is using Reconcile combined, integrated, or used with third-party products, software applications, or websites (“Third Party Services”), User agrees that: (i) User may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of Reconcile or the Website may be diminished when operating through a Third Party Service; (iii) Reconcile cannot guarantee that the Website shall always be available on or in connection with such Third Party Services.
By using the Website, Users acknowledge that the Website contains photographs, descriptions, information, data, typefaces, graphics, and other materials that are protected by copyright and trademark law, including all associated intellectual property rights. Users may not, in whole or in part: copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of, or in any other way exploit any of the content featured on the Website. Any content featured on the Website may not be used under any circumstances without prior written consent from Reconcile. However, this section excludes any Stock Photos used on the Website (defined as: photographs and media under creative commons license that can be used by anyone with or without attribution, as dictated by the original photographer).
Reconcile may terminate, change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content), or User access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with User’s use of the Website and related content. Users may also terminate these Terms at any time by discontinuing use of the Website. However, any obligations and liabilities made prior to termination of these Terms shall be strictly enforced.
Users agree to defend, indemnify, and hold Reconcile harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees related to Reconcile’s defense or the enforcement of this indemnification obligation, arising from or related to User’s use of the Website or User’s breach of any representation, warranty, or other provision of the Terms.
For any dispute Users may have with Reconcile, Users agree to first contact Reconcile and attempt to resolve the dispute informally. In the unlikely event that Reconcile has not been able to resolve a dispute within 30 business days, Reconcile and the User can each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Website, including breach or alleged breach of these Terms, (collectively, “Claims”), through binding arbitration.
Unless User and Reconcile decide otherwise, arbitration will be conducted in San Diego, California. Each party will be responsible for paying any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Website.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUMAFI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Reconcile’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. Moreover, if any provision contained in these Terms shall, for any reason, be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. These Terms constitute the entire agreement between Reconcile and Users regarding the Website, and supersedes and replaces any prior agreements made between Reconcile and Users regarding the Website.
Please contact Reconcile with any questions about these Terms by using this Inquiry Form.