Website Terms of Use

Version date: June 2, 2017

This website, and any sub-sites of this website (together the “Site“), are provided by Reification, Inc., of 344 Thomas L Berkley, Suite 260 Oakland CA 94612, its subsidiaries and affiliates (“Reification” “we” or “us“).

By using the Site you agree to the terms and conditions outlined in these terms of use (the, “Terms“). If you do not agree to the Terms, please do not use the Site.

The Reification software products are licensed separately and governed by the Reification End User Software License Agreement. Reification’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Changes to these Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site follo

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on the Site is owned, controlled or licensed by or to Reification, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

You may use information on Reification products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Reification for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use the information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to the information, and (4) not make any additional representations or warranties relating to the information.

Your Use of the Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Reification server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Reification on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal or tortious activity, or any other activity which infringes the rights of Reification or others.

Personal Information

Any Personal Information (name, address, telephone number, email address or other personally identifying information together “Personal Information”) you provide to Reification will not be distributed outside of Reification for any purpose.

Submitted Ideas or Feedback

You may choose to, or Reification may invite you to, submit comments, suggestions, feedback or ideas about the Site and/or Reification products or services, or other Submitted Content, including without limitation how to improve the Site or how to improve, develop or introduce Reification products, services or software or features (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, non-confidential, gratuitous and non-committal, and will not place Reification under any fiduciary or other obligation. You grant to Reification and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any Ideas without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Ideas, and all rights therein, in the name of Reification, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that Reification may be working on the same or similar Ideas, that it may already know of such Ideas from other sources, that it may simply wish to develop this (or similar Ideas) on its own or it may have taken/will take some other action.

Third Party Sites

The Site may contain links to other web sites operated by third parties (“Third Party Sites”). Third Party Sites are not under our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You hereby release Reification and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with Third Party Sites.

Third Party Content

If you are a copyright owner or an agent of a copyright owner and believe that any content available on or through the Site (including applications, products, any user-generated content, or any other content, referred to below as “Content”) infringes upon your copyrights, you may submit a notification by providing Reification’s Copyright Agent with the following information in writing:

The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Reification, the service provider, to locate the material;
Information reasonably sufficient to permit Reification to contact you, such as an address, telephone number, and, if available, an email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notice of claimed infringement to Reification’s designated Copyright Agent by mail to Copyright Agent, Reification, Inc., 344 Thomas L Berkley, Suite 260 Oakland CA 94612; or by email to copyright@reification.io. For clarity, only copyright notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your copyright notice may not be valid.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:

Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Reification’s Copyright Agent, Reification may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Reification’s sole discretion.

Warranty Disclaimers

THE SITE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND REIFICATION AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST REIFICATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Reification reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL REIFICATION BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF REIFICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding these provisions, Reification is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Reification’s liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You (and also any third party you represent on the Site) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) your Submitted Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Void Where Prohibited

Reification administers and operates the Site from its location in Oakland, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Reification reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

General Terms

These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, together with any additional terms with Reification that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Reification regarding the use of the Site. Any failure by Reification to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Reification’s prior written consent. These Terms may be assigned by Reification without restriction. These Terms are binding upon any permitted assignee.

Reification may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. Reification is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Copyright © 2017, Reification, Inc. All rights reserved. Reification reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

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