Terms of Service
Last Updated: March 19, 2024
Welcome to Reroko
These Terms of Service ("Terms") govern your access to and use of [Platform Name] (the "Platform"), provided by Reroko c/o Underapplied, LLC ("we," "us," or "our").
1. Acceptance of Terms
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. These Terms apply to all users of the Platform, including visitors, customers, and contributors of content.
2. Third-Party Sites; Dealings with Third Parties
A. Third-Party Content and Sites: The Platform may contain third-party plug-ins, applications, and/or links to third-party websites ("Third-Party Sites"). We do not own, control, or operate Third-Party Sites and disclaim any responsibility for their content, operations, policies, or terms. We do not endorse, approve, or sponsor Third-Party Sites or their content. Your interactions with Third-Party Sites are governed by their respective terms of service and privacy policies.
B. Dealings between Suppliers and Retailers: We transact with Suppliers and Retailers of various sizes and forms but do not exclusively represent any particular party. Any interactions, transactions, or dealings you have with other Platform users or third parties, including Suppliers and Retailers, are solely between you and the third party. We disclaim liability in connection with such dealings.
3. Wireless Features
A. Wireless Features: The Platform may offer features and services accessible via wireless Devices. These features may include accessing the Platform, uploading content, receiving messages, and downloading applications. Standard messaging, data, and other fees may apply, and compatibility with your carrier or Device may vary. You are responsible for any associated charges.
B. Terms of Wireless Features: By using Wireless Features, you consent to receive communications and allow data collection related to your use. You agree to update your wireless contact information on the Platform as needed. We disclaim liability for any limitations or restrictions imposed by your carrier or Device.
4. Dispute Resolutions
A. First – Try To Resolve Disputes and Excluded Disputes: In the event of a dispute ("Dispute") or Excluded Dispute (certain actions excluded from arbitration), we agree to attempt resolution through written notice and dialogue for sixty days. Notices should be sent to the addresses specified herein.
B. Disputes; Arbitration; Governing Law: Disputes shall be resolved through binding arbitration in Houston, Texas, under the commercial dispute rules of the American Arbitration Association ("AAA"). Each party waives the right to seek injunctive relief and agrees to resolve disputes individually. The laws of the State of Texas govern these Terms.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
The Platform, including all services and products made available through the Platform, is provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. We disclaim all representations, warranties, endorsements, or promises, express or implied, including warranties of performance, merchantability, or fitness for a particular purpose. We do not warrant the accuracy, completeness, or reliability of information or products on the Platform.
6. LIMITATIONS OF LIABILITY
We are not responsible or liable for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages arising from:
- the Platform;
- your use of or inability to use the Platform;
- any action taken in connection with an investigation by us or law enforcement authorities;
- any action taken in connection with copyright or other intellectual property owners;
- any errors or omissions in the Platform’s technical operation;
- any damage to any user’s computer, hardware, software, or other equipment;
- any products or services mentioned on or made available via the Platform.
Our liability is limited to the amount paid to us for services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
7. Waiver of Injunctive or Other Equitable Relief
You agree not to seek injunctive relief against us in connection with Platform use or intellectual property disputes. Any losses, damages, or injuries you claim are not sufficient to entitle you to injunctive or other equitable relief.
8. Updates to Terms
By continuing Platform use after notice, you agree to new or modified terms. We may modify terms prospectively, and you should review them regularly. Your continued use of the Platform constitutes acceptance of the revised terms.
9. General Provisions
A. Reroko’s Consent or Approval: Any provision granting us consent or approval may be exercised in our sole discretion, in writing and signed by an officer of [Company Name].
B. Relationship of the Parties: These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between us and you.
C. Indemnity: You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, costs, liabilities, judgments, fines, penalties, and expenses arising from your use of the Platform or breach of these Terms.
D. Operation of Platform; Availability of Products and Platforms: We control and operate the Platform from the U.S.A. and make no representation that the Platform is appropriate or available for use beyond the U.S.A. We reserve the right to limit Platform availability and services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion.
E. Export Controls: You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to export or re-export the Platform or any portion thereof in violation of any applicable laws.
F. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
G. Interpretation: These Terms, including all policies incorporated herein by reference, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
H. Communications: By using the Platform, you consent to receive electronic communications from us, whether via email, text message, notices on the Platform, or other forms of communication.
I. Assignment: You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
J. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Our waiver of any provision of these Terms will be effective only if in writing and signed by our duly authorized representative.
K. U.S. Government Rights: The Platform is provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Platform. If you are using the Platform on behalf of the U.S. Government, you acknowledge that the Platform is provided with "restricted rights."
Contact Information
If you have any questions about these Terms, please contact us at support@reroko.com.