Last Updated and Effective Date: 12/12/2023
These terms of use (the “Terms”) are a legal contract between you (“you” and “your”) and ReynKo, Inc. (“ReynKo,” “we,” “us,” or “our”) and governs your access to, and use of, the ReynKo’s public facing corporate website located at reynko.com (the “Website”) and Content (as defined below in Section 3).
For the avoidance of doubt, these Terms do not apply to any services and/or products provided by ReynKo unless the use of such services and/or products are expressly subject to these Terms (for example, through an authorized link at the time you obtain such services). The use of any ReynKo services and/or products shall be subject to the applicable consulting and/or services agreement entered into between you and ReynKo for the applicable service(s).
PLEASE BE ADVISED THAT REYNKO DOES NOT PROVIDE WARRANTIES FOR THE WEBSITE AND/OR CONTENT AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 9 AND 10 FOR FURTHER INFORMATION.
BY ACCESSING AND/OR USING THE WEBSITE AND/OR CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION CONTAINED ON THE WEBSITE.
REYNKO MAY MAKE CHANGES TO, AND/OR DISCONTINUE OR SUSPEND, THE WEBSITE AND/OR CONTENT AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT REYNKO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGES, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE AND/OR CONTENT (OR ANY PART THEREOF).
REYNKO RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS AT ANY TIME. IF REYNKO MAKES ANY SUCH CHANGES, REYNKO WILL POST THE UPDATED TERMS OF USE ON THIS WEBSITE. IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS, WE WILL NOTIFY YOU BY POSTING A NOTICE OF THE CHANGES ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REGULARLY VISIT AND REVIEW THESE TERMS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE WEBSITE. IF YOU DO NOT CEASE USING THE WEBSITE AND/OR CONTENT FOLLOWING THE DATE WE POST THE UPDATED TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
For information about ReynKo’s data protection practices, please read ReynKo’s Privacy Policy.
If you provide us any personally identifiable information, you acknowledge, agree, and consent to the processing and use of such personally identifiable information by ReynKo in accordance as set forth in our Privacy Policy, or as required by law.
Access and Use of Website and Content
Subject to your compliance with these Terms, ReynKo grants you a limited, revocable, nonexclusive right to access and use the Website and Content solely for your own personal non-commercial use.
ReynKo and its licensors retain all right, title and interest in and to the Website, including, without limitation, any and all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website (collectively, the “Content”). All ReynKo trademarks are strictly owned by ReynKo, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license, or other rights to any ReynKo trademark without written authorization from ReynKo. The names of actual companies and products mentioned within the Website and/or Content may be the trademarks of their respective owners. ReynKo reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by ReynKo. The Content and Website, and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website and/or any Content.
Electronic Communications
By providing ReynKo with an email address (e.g., by submitting a contact form or sending us an email), you consent to receiving electronic communications from ReynKo, including communications sent via email or notifications posted on our Website. These electronic communications may include information about Reynko’s products or services, ReynKo newsletters, events or webinars hosted by ReynKo, and other marketing and promotional communications. To stop receiving, or opt-out of, promotional email communications from ReynKo click on the “unsubscribe” link or follow the relevant opt-out instructions within the marketing communication. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
As a condition of your use of the Website and Content, you warrant to ReynKo that you will not use the Website and/or Content for any purpose that is unlawful or prohibited by these Terms. Specifically, you are not allowed to (directly or indirectly): (i) resell or otherwise make commercial use of the Website and/or Content; (ii) collect or use any images, descriptions, or other content included in the Website and/or Content, or any portion thereof; (iii) copy, imitate, distribute, publicly perform, or publicly display Website and/or Content; (iv) modify or otherwise make any derivative uses of the Website and/or Content, or any portion thereof; (v) use data mining, robots or similar data gathering or extraction methods on the Website; (vi) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Website; (vii) introduce into the Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (viii) remove or alter any proprietary notices or labels on or in the Website and/or Content; (ix) use the Website and/or Content to directly or indirectly develop any product or service that competes with the Website; (x) download (other than page caching) any portion of the Website and/or Content or any information contained therein, except as expressly permitted on the Website; or (xi) use the Website and/or Content other than as expressly permitted in these Terms.
You may not use the Website and/or Content in any manner that would violate any applicable laws, rules or regulations, or, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website and/or Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
ReynKo shall be entitled to unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Website and/or Content disclosed or offered by you to us (collectively, “Feedback”). We may use the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback.
ReynKo reserves the right, in its sole discretion, to terminate and/or suspend your access to the Website and/or Content or any portion thereof at any time, for any reason, without notice.
The Website may contain links to other third party websites which are not controlled or owned by ReynKo (“Linked Websites”). If you decide to access and use such Linked Websites, be advised that your use is governed solely by the terms and conditions of such Linked Websites, and ReynKo does not endorse, is not responsible for, and makes no representations as to such Linked Websites, their content or the manner in which they handle your data. ReynKo is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Websites, or your reliance on the privacy practices or other policies of such Linked Websites.
ReynKo makes no claims regarding the availability or right to access or use of the Website and/or Content outside of the United States. ReynKo may restrict access to the Website and/or Content, or portions thereof, in certain countries in its sole discretion, and the Website and/or Content may not be available or accessible in all languages. If you use or access the Website and/or Content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction with respect to your use of the Website and/or Content in your country of residence.
THE WEBSITE AND CONTENT (AND ALL PARTS THEREOF), AND ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. REYNKO AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
REYNKO AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT WEBSITE AND/OR CONTENT (OR ANY PART THEREOF), OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY WEBSITES; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REYNKO OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.
REYNKO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LINKED WEBSITES ACCESSIBLE THROUGH THE WEBSITE AND/OR CONTENT, AND REYNKO WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY OPERATORS OF SUCH LINKED WEBSITES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REYNKO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND/OR CONTENT, OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE AND/OR CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REYNKO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL REYNKO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE AND/OR CONTENT (OR ANY PART THEREOF), AND/OR ANY OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, EXCEED ONE HUNDRED DOLLARS ($100.00). REYNKO DISCLAIMS ALL LIABILITY OF ANY KIND OF REYNKO’S LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES, THE ABOVE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF REYNKO AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS FOR SUCH DAMAGES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
You agree that you are solely responsible for (and that ReynKo has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ReynKo may suffer) of any such breach. Except as prohibited by law, you will hold ReynKo and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Website and/or Content; and (ii) your violation of any of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Website and/or Content.
These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of New York, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in New York, New York, in connection with any action arising out of or in connection with these Terms. Notwithstanding anything to the contrary herein, ReynKo may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation of ReynKo’s intellectual and proprietary rights.
Entire Agreement
These Terms constitute the entire agreement between you and ReynKo, and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
Waiver
You agree that if ReynKo does not exercise or enforce any legal right or remedy which is contained in these Terms (or which ReynKo has the benefit of under any applicable law), this will not be taken to be a formal waiver of ReynKo’s rights and that those rights or remedies will still be available to ReynKo. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms, which will remain in full force and effect.
If you have any questions regarding these Terms, please send an email to [email protected].