Terms and Conditions

Terms & Conditions

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Welcome to the Recover or Die (“Recover or Die” “we,” or “us”) website, http://www.recoverordie.org (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). The Conditions govern your use (collectively “use”) of the Site. Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.

INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, registered or unregistered trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Recover or Die. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained in the materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Recover or Die. You must obtain the advance written permission of Recover or Die to utilize videos, video clips, photos, content from the Site, our logo and other branding, metadata, anything taken from our services or this site to develop or train artificial intelligence or to do computer analysis, or anything else that is protected by copyright.

PRIVACY

Our Privacy Policy describes the collection and use of information on the Site.

USE OF THE SITE

1. Generally

By posting, distributing, sending or displaying any comment, message (including email), testimonial, data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Recover or Die a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Recover or Die and its affiliates and sub-licensees the right to use the name(s) that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Recover or Die the right to pursue at law any person or entity that violates your or Recover or Die’s rights in the User Generated Content by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and Recover or Die is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Recover or Die reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Recover or Die is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Recover or Die or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Recover or Die from any claims that you could otherwise assert against Recover or Die by virtue of any moral rights.

2. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Recover or Die provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

A. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

B. Material that promotes illegal drug use, tobacco or firearms use;

C. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;

D. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

E. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

F. Unsolicited advertising or links to other commercial sites;

G. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;

H. Viruses, other malware, corrupted data or other harmful, disruptive or destructive files;

I. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;

J. Material that communicates messages inconsistent with the positive good will of Recover or Die; or

K. Material that, in the sole judgment of Recover or Die, is objectionable, or which may expose Recover or Die or its users to any harm.

Recover or Die takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Recover or Die liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Recover or Die is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Recover or Die has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Recover or Die reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.

Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.

3. Comments and Submissions

Anything that you submit or post to the Site and/or provide Recover or Die, including, without limitation, comments, testimonials, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and Recover or Die shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Recover or Die and shall not be returned to you. Recover or Die is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Recover or Die may use and/or disclose information consistent with our Privacy Policy.

Copyright Complaint Policy-Infringement Notification

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Recover or Die that your copyrighted material has been infringed.

Please provide the following information in the following order (including Section Numbers):

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Site should be emailed to ______________@recoverordie.org with “Copyright Infringement” listed in the subject line.

We suggest that you consult your attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Recover or Die has adopted a policy of terminating, in appropriate circumstances and at Recover or Die’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Recover or Die may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Recover or Die, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

CHOICE OF LAW

These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California.

LINKS TO OTHER WEBSITES

This Site may contain links to outside services and resources. You acknowledge that (A) Recover or Die is not responsible for the contents of any embedded materials, linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Recover or Die is not responsible for any other form of transmission received from any linked site. Recover or Die is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Recover or Die of the site. Any concerns regarding any such link should be directed to the particular third-party website.

TERMINATION

These Conditions are effective unless and until terminated by either you or Recover or Die. You may terminate these Conditions at any time. Recover or Die also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Recover or Die’s sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.

DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RECOVER OR DIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RECOVER OR DIE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. RECOVER OR DIE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. RECOVER OR DIE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RECOVER OR DIE OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF RECOVER OR DIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST RECOVER OR DIE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF RECOVER OR DIE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, RECOVER OR DIE’S LIABILITY SHALL NOT EXCEED U.S. $50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

MISCELLANEOUS

This Site is controlled and operated by Recover or Die from its offices in California. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Recover or Die to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

MANDATORY ARBITRATION

READ THIS ARBITRATION PROVISION CAREFULLY: This Section impacts how legal claims arising under this Agreement are resolved. Under the terms of this provision (the “Arbitration Provision”), and except as set forth below, Claims (as deﬁned below) will be resolved by individual (and not class-wide) binding arbitration in accordance with this provision if you or we elect it. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information- gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person. “Claim” means any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, arises out of or relates to this Agreement or your purchasing of products from the Site, whether related to the product(s)’ quality, representations about the product(s), information you entered into the Site, or otherwise. The term Claim is intended to be interpreted as broadly as permitted under applicable law.

Agreement to Arbitrate Claims: By agreeing to this Agreement, you waive your right to sue us in Court. If you do not agree, do not use the Recover or Die Services, including the Site.

Electing Arbitration: The party initiating arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to Recover or Die, 655 Redwood Highway, Suite 332, Mill Valley, CA, 94941 (“Notice Address”). Our Notice to you shall be sent to the most recent address for you in our ﬁles, or to the email address we have on file for you. If you purchased products for resale, any arbitration will take place in Marin County, California, unless you and Recover or Die agree otherwise. If you purchased products or used services as a consumer (i.e., as an end-user of the products), any arbitration will take place in any venue in which a federal court would have jurisdiction over your Claims, unless you and Recover or Die agree otherwise.

If a party ﬁles a lawsuit in court asserting a Claim and the other party elects arbitration, such Notice may be asserted in papers ﬁled in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiﬀ in a lawsuit ﬁled in court). After arbitration is compelled by a court, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator speciﬁed in this section.

Arbitration Costs: We will pay the ﬁling, administrative and/or arbitrator’s fees (“Arbitration Fees”) that we are required to pay pursuant to the arbitrator’s rules or the law. In addition, with respect to Arbitration Fees that you are required to pay under the arbitrator’s rules in connection with an individual arbitration you have commenced against us or that is compelled by a court, we will pay, or reimburse you for your payment of, any Arbitration Fees that exceed the ﬁling fee for the federal court located in the venue in which the arbitration will take place if

you did not purchase the products for resale (i.e., bought them as the consumer end user), and (b) the amount of your Claim does not exceed $75,000. For us to pay these fees or reimburse you for your payment of these fees, you must notify us in writing of your request for reimbursement at the Notice Address. If this reimbursement provision applies, and you have already paid a ﬁling fee to ﬁle a case in state or federal court, you will not be required to pay that amount again if the court compels arbitration.

Arbitration Administrator and Rules:

The party electing arbitration must choose between one of two administrators: (1) the American Arbitration Association (“AAA”), or (2) JAMS. The rules or codes of procedures in eﬀect at the time the arbitrator is elected that apply to the claims (for example, the AAA or JAMS consumer rules will apply to your claim if you are a consumer) will apply to the arbitration, and these rules are incorporated into this Agreement to the extent they are consistent with this Agreement. You may obtain a copy of the rules/codes, and more information about initiating an arbitration, by (1) contacting AAA at 1- 800-778-7879 or visiting www.adr.org, or (2) contacting JAMS at 1-800- 352-5267 or visiting www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If neither AAA nor JAMS can serve, the parties may agree on another administrator, or a court may appoint one.

What Law the Arbitrator Will Apply: The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will, however, apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act (FAA), that would apply if the matter had been brought in court. The law of the State of California applies to this Agreement, and will be applied by the arbitrator, as set forth above in the Choice of Law section above.

The Arbitrator’s Decision and Award: At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court.

Eﬀect of Arbitration Award; Appeal: The arbitrator’s award shall be ﬁnal and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act.

Federal Arbitration Act: This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

CLASS ACTION WAIVER: Neither you nor Recover or Die will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any Claims and is non- severable from this Arbitration Provision. If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Arbitration Provision, however, shall remain valid with respect to all Claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Conﬂicts; Severability; Survival: This Arbitration Provision is intended to be broadly interpreted. In the event of a conﬂict between the provisions of this Arbitration Provision and the AAA or JAMS rules, or any other terms of the Agreement, the provisions of this Arbitration Provision shall control. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver. This Arbitration Provision shall survive the termination of any relationship between us, including the termination of the Agreement.