The service includes, but is not limited to, features that allow you to research recall information with respect to various products types. The results may indicate a probability as to whether the specific product has been subject to a product recall. It is up to you to confirm the accuracy of all such results. The service results are no guarantee that any product is safe, appropriate for your intended purpose or has not been subject to a recall.
Grant. Conditioned upon your use of the services in compliance with these terms and other applicable requirements, User is granted a personal, non-exclusive, non-transferable (subject to the assignment and transferability requirements below), revocable, limited license to access and use the service for non-commercial use only, unless otherwise permitted in writing by eRecall, LLC. eRecall, LLC may terminate this license without notice at any time and for any reason.
Limitations. User may not (or permit others to) download, store, publish, transmit, transfer, sell, rent, loan, sublicense or otherwise use Services, or any portion thereof, in any form or by any means, except (i) as expressly permitted by the terms, or (ii) with eRecall, LLC's prior written permission. User may not (or permit others to) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the Services, or any part thereof, or any information about usage or users. User may not use any robot, spider, other automatic device or manual process to access, monitor or copy the Service or any content thereby or therein without eRecall, LLC's prior written permission.
All materials made available on or through the Service, including without limitation text, images, software, audio and video clips, databases, user product or company reviews and ratings, subscription-based services and other Website services and products (collectively and individually, the "Content") are owned or controlled by eRecall, LLC or third-party providers. The Service and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not download, display, reproduce, create derivative works of, transmit, sell, distribute, or in any way exploit the Service and Content, or any portion thereof, including without limitation any product or reviews or ratings and those product or company reviews and ratings posted by other users, for any public use or commercial use without the prior written permission of eRecall, LLC You agree not to use any trademarks, service marks, names, logos, or other identifiers of eRecall, LLC or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of eRecall, LLC or the relevant Affiliate, or as provided in other applicable clause of this or related service agreement. User acknowledges that eRecall, LLC is protected by copyrights, trademarks, service marks, patents, trade secret and other applicable rights and laws.
Grant of License. User agrees that, by publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, opinions or other materials ("Posted Content") to eRecall, LLC including, but not limited to messages posted in forums, product comments, service feedback, product catalogs or community pages on the service, User automatically and hereby grants, or warrants that the owner of the following rights has expressly hereby granted, to eRecall, LLC, a perpetual, fully-paid, royalty-free, irrevocable, fully-transferable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell posted content, and incorporate posted content into any medium or technology, now known or later developed.
Lawful Use Only. User will not publish, upload, submit or distribute any posted content on the service which is unlawful or abusive in any way, including but not limited to posted content that is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. eRecall, LLC may delete any of User's posted content at any time, without notice or the User's permission.
Attributed & Truthful. Posted Content submitted for publication on the service may be accompanied by User's name. User warrants that such posted content will not misrepresent his or her identity or affiliation with any person or entity. Posted content may include product information. User warrants that such posted content is accurate and does not misrepresent the product to which it refers.
No eRecall, LLC Obligation to Monitor. eRecall, LLC has no obligation to edit, monitor or screen posted content and is not responsible for the content in, or linked to or from, posted content. User understands and acknowledges that user remains legally responsible for any damages claimed due to User's posted content, including but not limited to comments in forums and item numbers, seals links and certificates generated through use of the service. Though not obligated to do so, eRecall, LLC reserves the right to delete any of User's posted content anytime, for any reason without User's permission or knowledge. Commercial Use Prohibited. Services that allow User to contact, communicate or interact with other users, eRecall, LLC affiliates or customers are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in posted content delivered through the service without the express written permission of eRecall, LLC
Content provided by eRecall, LLC is for informational purposes only and is not to be considered legal or medical advice. You should not rely upon any information published on the service for any purpose without seeking legal advice from a duly licensed, competent attorney, and/or medical advice from a duly licensed, competent physician. User acknowledges that under no circumstances is eRecall, LLC, its agents, affiliates or customers, providing legal or medical advice or representation through the service, and that nothing on the service is intended as a substitute for legal advice from a licensed attorney or medical advice from a licensed physician.
Discussion of or references to a product, company, or brand is not an endorsement of such product, company, or brand, and additionally does not constitute a statement regarding the safety of a product, company, or brand.
As of publication date of the terms, the service tracks recalls information published by various US government agencies such as: CPSC, FDA, USDA, and NHTSA. Recalls information published by EPA, HHS, USCG and CDC is not currently supported by eRecall platform and can be found by visiting the relevant organizations’ websites. All Content, including content provided by search, identification, scanning, monitoring and alert tools, including but not limited to Products Center, Resolution Center, My eRecall, Recalls Search, and Detailed Recall Data, rely on data available in the agency recall announcements, press releases, data provided by the User, and additional research. The government agencies from which data is obtained do not guarantee their data to be complete or accurate. In addition, the service manipulates data through data collection services processes which, while designed to fix problems in government data, could introduce error. Data entered by user and other third parties cannot be guaranteed to accurately reflect the characteristics of a particular product and errors in user and third party data entry will adversely affect results. Content is offered "as is," for information purposes only, and cannot be guaranteed in any way.
Third party content, messages and services may appear on the service or may be accessible through links from the service. eRecall, LLC is not responsible, and disclaims all liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from the service. User acknowledges that the information and opinions in the third party content are not endorsed by eRecall, LLC and may not reflect the beliefs of eRecall, LLC
User acknowledges that the service may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on the service is accurate and complies with any and all applicable laws. User agrees that eRecall, LLC will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT WE ARE PROVIDING THE SERVICE "AS IS" AND "AS AVAILABLE" WITHOUT ANY GUARANTEE OF ACCURACY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT OR OTHERWISE. eRecall, LLC, including its employees, officers, directors, affiliates and/or contributors expressly disclaim all warranties, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, completeness, and currentness. eRecall, LLC FURTHER disclaims all liability with respect to actions taken or not taken based upon information EXPRESSED OR IMPLIED or with respect to any errors or omissions in such information. eRecall, LLC makes no warranty that access to the Service or any portion thereof, including tools, services, generated content, and widgets, will be uninterrupted, secure, complete, error free, or that defects of any kind will be corrected. eRecall, LLC, including its employees, officers, directors, affiliates and/or contributors,disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) the access or use of the service, including both eRecall, LLC and third party content, tools and services delivered through the service or other outlets, (b) the access or use of third party web sites and content or services therein through links in the service or other outlets, (c) the unavailability of the service or any portion thereof, or (d) User's use of equipment and software in connection with access and use of the Service or its tools or services.THE ENTIRE RISK AS TO USE, RESULTS OF USE AND THE PERFORMANCE OF DATA, INFORMATION, TOOLS AND SERVICES IS HEREBY ASSUMED BY USER. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THE terms SHALL EXCLUDE OR LIMIT eRecall, LLC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED terms, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Remedy. User's exclusive remedy for eRecall, LLC's, its employees, officers, directors, affiliates and/or contributors' entire liability under the terms, if any, for any claim for damages, whether directly or which are made against them, individually or jointly, whether based in contract or negligence or otherwise, shall be limited to the aggregate amount of charges paid by User relative to the specific eRecall, LLC feature which is the basis of the claim during the 12 month period preceding the event giving rise to such claim. In no event shall eRecall, LLC, its employees, officers, directors, affiliates and/or contributors be liable to user for any claim relating in any way to (a) User's inability or failure to use the service, its tools or it services properly or completely, even if assisted by eRecall, LLC, its affiliates or contributors, or (b) any decision made or action taken or not taken by user in reliance upon eRecall, LLC information, tools or services; or (c) any lost profits or other consequential, exemplary, incidental, indirect or special damages or fines or fees relating in whole or in part to user's rights under the terms or use of, or inability to use the service, even if eRecall, LLC, its affiliates and/or contributors have been advised of the possibility of such damages. eRecall, LLC shall have no liability whatsoever to user for any claim relating in any way to any third party content or feature.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT eRecall, LLC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Claims. To the fullest extent permitted under applicable law, no claim, regardless of form, which in any way arises out of the terms, may be made, if such claim is brought, under the terms more than one year after the basis for the claim becomes known to the party desiring to assert it.
eRecall, LLC reserves the right to modify the terms at any time. Updated versions of the terms will appear on the service and become the effective terms immediately upon publication. User is responsible for regularly reviewing the terms. Continued use of the service by user after any such modification of the terms constitutes User's assent to such modifications.
eRecall, LLC may freely, assign or transfer, all rights and obligations under the terms. Without the written consent of eRecall, LLC, User may not assign or transfer (or grant a sub-license of) any of User's rights or obligations under the terms.
eRecall, LLC will not be liable for any delay or failure to perform under these terms due to causes beyond its reasonable control, including acts of god, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power or utility failure, equipment failure, earthquake, storms or other elements of nature, blockages, embargoes, riots, act or orders of government, acts of terrorism or war, industrial disturbances including labor dispute, inability to obtain necessary supplies and the like.
Should any provision of the terms be held to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of the terms will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in the terms are inserted for convenience only and do not constitute a part of the terms.
The terms will be governed by and construed under the law of the state of Virginia, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Fairfax County, Virginia will have exclusive jurisdiction over any claim arising out of the terms and each party consents to the exclusive jurisdiction of such courts.
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Last revised March 1, 2015