Terms of Service document (“Terms”) is a legally binding agreement between you and reticlear.com ("the Website", “we” or “us”), and governs how you may use this website (“the Website”).
We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited activities described below, or otherwise violated these Terms. Such action may include cancelling your account, terminating your license to use the Website, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Website.
These Terms do not apply to any of the products or services we offer that are described on this Website (our “Services”). The specific terms relating to your use of any given Service and how we collect, store, and share any information from or about Users of that Service, are detailed on the Service’s website.
- Website Description
- End User License Agreement (EULA)
- Age Restriction
- License Prohibitions
- Privacy
- User-Submitted Content
- Consent to Communicate
- Copyright
- Assumption of Risk & Limitation of Liability
- Indemnification
- No Warranty
- Arbitration Agreement
- Choice of Law; Forum
- Limitation of Actions
- Modification and Notice of Changes
- Entire Agreement and Severability
- For Residents of Certain States
- Contact
1. Website Description
The Website is intended to: (a) describe our company and its products; (b) enable Website visitors (“Visitors”) to contact us; and (c) enable us to interact with Visitors via live chat; and (d) Provide users of our Services (“Users”) with access to our customer forum.
We reserve the right to modify or change the Website, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Website or any portion thereof, for any reason at any time, without notice.
2. End User License Agreement (EULA)
We hereby grant you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Website. The term of your license shall commence on the date that you visit the Website and will end if terminated by either you or us. We reserve the right to immediately terminate your license if you use the Website in breach of the terms set forth herein.
We retain all right, title and interest in and to the Website, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Website is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us.
3. Age Restriction
The Website is not intended for minors under 18 years of age, and you may not register or use the Website if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
4. License Prohibitions
You may not utilize the Website in any manner or for any purpose other than that for which it is intended. You are further prohibited from engaging in any of the following activity:
- Copying, creating a derivative work of, attempting to access the underlying code of the Website;
- Interfering with or disrupting the Website, or servers and networks connected to the Website;
- Reproducing, printing, storing, or distributing any content on the Website without our prior written permission;
- Using the Website to violate any law (whether local, state, national, or international); or
- Disseminating or transmitting any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or uploading software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
5. Privacy
Our use of your personal information is governed by the terms of our general Privacy Policy, which is made a part of these Terms by this reference. Except as set forth in the Privacy Policy, we will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order.
6. User-Submitted Content
The Website offers interactive chat functionality, discussion forums, or other interactive features in which you may submit information and post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.
Further, you agree that any User Content you upload, post, or otherwise transmit will be truthful and accurate, and will not:
- Defame, harass, stalk or threaten others;
- Include expressions of bigotry, racism, offensive content, hate speech, abusiveness, vulgarity or profanity;
- Contain pornographic or sexually explicit content, or be considered obscene, lewd, or otherwise inappropriate;
- Violate or encourage the violation of any rule, regulation, or statute;
- Contain threats of violence, or any other threat to personal or public safety; or
- Infringe upon any third-party copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
7. Consent to communicate with the company and its agents
This consent confirms the fact of your acceptance of the terms of communication with our company, our employees, and agents, as well as third parties to whom the right to appropriate communication may be delegated. The above-mentioned persons can communicate with you in any way of their choice and at any time, 24/7.
Ways to communicate with you are (listed below, but not limited to)
- By automated dialing.
- By automatically sending pre-prepared SMS-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
- By automatically sending pre-prepared MMS-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
- By automatically sending pre-prepared audio/video-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
This communication consent is valid regardless of the presence of your telephone number on any state, federal or corporate «Do Not Call» list.
This consent contains restrictions that do not allow us to send subscribers more than 60 SMS-messages per month.
This communication consent is valid for 36 months from the date of its adoption. In turn, this consent is automatically prolonging for another 36 months after its expiration, on the principle of tacit consent, unless you have notified us about the desire to revoke this consent / written refusal to automatically prolongate the consent/application for revocation (withdrawal of consent).
This permission may be terminated at any time by notifying us of your desire to terminate this consent.
SMS communications work with the following carriers: AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Msg&Data Rates May Apply.
To receive assistance, the subscriber must write an SMS "HELP" in response to the received SMS. SMS-message «STOP» is considered an appropriate message about the desire to revoke this permission.
T-Mobile® is not liable for delayed or undelivered messages.
8. Copyright
We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.