Be sure to read the Terms of Use below, as they cover the terms and conditions that apply to your use of the RESCOVER website (the "Site"). We may change the Terms of Use from time to time. By accessing the Site, or continuing to use the Site following any such modifications, you and your organization agree to be bound all terms herein and by any modifications to the Terms of Use.
In consideration of use of [and posting on the Site], you agree to: (a) provide true, accurate, current and complete information about your organization as submitted in your application, (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your organization and refuse any and all current or future use of the Site, and (c) you understand and agree that your use can be denied and your organization can be removed at any time and for any reason without cause.
We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
You acknowledge and agree that you must provide for your own access to the Site and all costs associated therewith. The Site is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
By using the Site, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER RESCOVER NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, VOLUNTEERS, AFFILIATES, WEBSITE CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RESCOVER AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR THE PLACEMENT OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS THROUGH THE SITE BY YOU OR USERS OF YOUR ACCOUNT OR RELATED TO ANY VIOLATION OF THESE TERMS OF USE BY YOU OR USERS OF YOUR ACCOUNT.
You and your organization may not upload, transmit or post any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation, any posting constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or national law or ordinance.
You and your organization may not upload, transmit or post any chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by RESCOVER) or engage in spamming or flooding.
You and your organization may not upload, transmit or post any information or software which contains a virus, trojan horse, worm or other harmful component.
You and your organization may not upload, transmit or post any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information) or any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
RESCOVER does not claim ownership of any data or content you submit or make available for inclusion on the Site. However, with respect to the data or content you submit or make available for inclusion on the Site, you grant RESCOVER a worldwide, irrevocable, royalty-free and non-exclusive license with respect to all data and content, including but not limited to photos, graphics, audio and video. This license shall be to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, and transfer such information until such time as RESCOVER removes such data or content from the Site. RESCOVER retains the right to analyze the data or content you submit to the Site for its own use as well as the use of others. RESCOVER agrees that it will not sell the data to any third parties, nor provide any contact information about you or your organization.
The Terms of Use and the relationship between you and RESCOVER shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and RESCOVER agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Montgomery, State of Texas.
The failure of RESCOVER to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
This agreement becomes effective as of the date you first access/log into the Site, and shall not terminate until such time as the data or content of your organization is removed from the Site by RESCOVER.
Updated: March 27, 2022