reKommend 1.0b3

End-User License Agreement

reKommend requires that you accept the following End-User License Agreement before installation can proceed:

Terms of Use Agreement

This Terms of Use Agreement was last updated on 3-13-11.

This Terms of Use Agreement sets forth the conditions of use of the reKommend.com Online Service. By using the reKommend.com website ("Website") you (the "Member") agree to these terms and conditions, as well as our Privacy Statement[http://www.rekommend.com/privacy.php]. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at reKommend.com. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

By accepting these terms, you acknowledge that you are at least 14 years of age or older. This Website is intended for use only by those 14 years of age or older. If you are younger than 14, you should not use this Website.

DESCRIPTION OF SERVICE

reKommend.com is providing members with a link recommendation and bookmarking service ("Service"). Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.

DISCLAIMER OF WARRANTIES

While reKommend.com, LLC, makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.

The Website is provided by reKommend.com, LLC, on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, reKommend.com disclaims any and all representations and warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non infringement. While reKommend.com takes reasonable precautions against infection of the Website by malware, reKommend.com cannot guarantee there will be no such infection, and Member accepts the risk of malware. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.

LIMITATION OF LIABILITY

REKOMMEND.COM, LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REKOMMEND.COM, LLC, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REKOMMEND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN SUCH JURISDICTIONS.

INDEMNIFICATION

Member agrees to indemnify and hold reKommend.com, LLC, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of Member's use of the Website or the Service, Member's breach or alleged breach of this Agreement, or Member's violation or alleged violation of any right of any third party (including but not limited to intellectual property infringement claims).

ANTI-SPAM GUIDELINES

If we find an account spamming our database, reKommend.com reserves the right to delete those accounts and/or black list URLS from gaining access to our site.

Spam is defined by reKommend as follows:

Use of a number of accounts in order to manipulate the popularity of a bookmark
Saving or sending pure affiliate links or partner links
Made for AdSense websites which only serve the purpose of presenting AdSense,
banners and affiliate links and do not have far-reaching personal content
Get rich quick websites ('Get rich with only 5 minutes of work a day')
Saving websites under construction and domain sale offers
Saving an usually large number of bookmarks pointing to just one domain
Use of advertising in the description of the bookmarks
Unsuitable and/or erroneous descriptions of bookmarks that are not associated with the website proper
Misuse in order to develop link popularity
Links to illegal content.
Links to dialer sites, phishing sites or sites with other damaging content
Automatically redirecting websites and websites that open a large number of advertising windows
Saving bookmarks for advertising purposes

Additionally, reKommend also reserves the right to delete members' names and user accounts, keywords (tags), URLs (links), and groups if they:

have content that is criminally relevant in any way or violate legal regulations
may be regarded as spam (see: Anti-Spam Guidelines)
improperly use the name of a natural person or legal entity or any other legally protected names
misuse the function for sending messages to other users for the purpose of distributing spam, advertising, or bulk messages.

MODIFICATIONS, INTERRUPTIONS AND TERMINATION OF SERVICE

reKommend.com, LLC, reserves the right to modify or discontinue the Service or to terminate any Member's account with or without notice to the Member. reKommend.com, LLC, shall not be liable to Member or any third party should reKommend.com, LLC, exercise its right to modify or discontinue the Service or to terminate Member's account. Member acknowledges and accepts that reKommend.com, LLC, does not guarantee continuous, uninterrupted, or secure access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

THIRD-PARTY SITES

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore. We encourage all Members to review said privacy policies of third-parties' sites. The inclusion of a link on the Website does not imply any endorsement by or any affiliation with reKommend.com. In accessing the Website and Services or following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Website and Services.

FEEDS AND API

reKommend.com may provide access to portions of its Website and Services via RSS feeds and an API; for the purposes of these terms, such access constitutes use of the Website and Services. reKommend.com asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Website itself to allow the display of a substantial portion of the reKommend.com database or reproduce, duplicate, or copy the reKommend.com Site. reKommend.com, LLC, reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

DATE PROTECTION & BACKUP

ReKommend.com respects the privacy of its users. ReKommend treats the personal data of its users confidentially and only makes such data available to third parties if this conforms to applicable law or the user has consented to data being passed on. ReKommend.com takes backing up users data very seriously. We make daily backups of user's data and also have the data backed up on 12 other hard drives.

GOVERNING JURISDICTION OF THE COURTS OF OREGON

Our Website is operated and provided in the State of Oregon. This Agreement is deemed executed in the State of Oregon and will be interpreted in accordance with the laws of the State of Oregon. Such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our Website, you agree to do so subject to the laws of the State of Oregon. Venue is proper only in the County of Multnomah, State of Oregon.

COMPLIANCE WITH LAWS

Member is responsible for compliance with all applicable laws. Member will use the Website and the Service only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Member will not upload any file containing malware or that infringes the intellectual property or other rights of any third party.

COPYRIGHT AND TRADEMARK INFORMATION

All materials contained in this Website (including Website design, text, graphics, interfaces, and the selection and arrangement thereof) are the copyrighted property of recommend.com or third-party suppliers. To reproduce, republish, upload, post, transmit, distribute, or publicly display material from this Website, you will need written permission from recommend.com or its supplier. Users may view and download material from this Website only for personal, noncommercial home use. Any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of reKommend.com, LLC, is strictly prohibited. Member agrees that it will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of reKommend.com, LLC. Member will not reserve engineer the Website or the Service.

reKommend.com ® is a proprietary trademark of reKommend.com, LLC. reKommend.com, LLC's trademarks may not be used in connection with any product or service that is not provided by reKommend.com, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits reKommend.com, LLC.

All other trademarks displayed on reKommend.com's Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with reKommend.com, LLC.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, reKommend.com, LLC, designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

By Mail: reKommend.com, LLC
8215 SW Tualatin-Sherwood Road Suite #200
Tualatin, OR 97062-8163

By Phone: 503-307-5703

By Email: http://getsatisfaction.com/rekommend

BOTNETS

reKommend.com, LLC, retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, reKommend.com, LLC, reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

OTHER TERMS

If any provision of this Agreement is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.

You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by reKommend.com, LLC, in our sole discretion, to a third party. Member may not assign this Agreement. Member agrees that accessing the Website, Member is consenting to the use and disclosure of their personally identifiable information and other practices as described in our Privacy Policy Statement.

The failure of either party to insist upon strict compliance by the other party with any of the terms of this Agreement shall not constitute a waiver of future violations of the same or any other term.

Both parties agree that this Agreement and our Privacy Policy [http://www..rekommend.com/privacy.php] is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).

All limitations on our liability and on your use of reKommend.com materials, as well as the indemnity provisions, shall survive any termination of this Agreement or of your use of the Website or Service.

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