Terms of Service
Please read this Agreement carefully before accessing or using The Service. By installing the service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access The Service or use any services. If these terms and conditions are considered an offer by Recomendo, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
Your Recomendo Account and Site
If you install The Service on your publishing system, you are responsible for maintaining the security of your account and publishing system, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with The Service.
You must immediately notify Recomendo of any unauthorized uses of your publishing system or your account. Recomendo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
After any trial period, you agree to pay Recomendo the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of that service for a monthly or annual subscription period as indicated. Plan fees are not refundable.
Unless you notify Recomendo before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorise us to collect the then-applicable monthly subscription fee for such plans (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Plans can be canceled at any time in the My Account section of the Recomendo website.
Monthly Page View Limit
If you exceed the monthly page view limit, your subscription plan will need to be upgraded to continue working and meet your website’s increased traffic demands. A Recomendo representative will contact you in order to authorize us to upgrade your subscription and collect the difference between your current subscription fee and the new monthly plan subscription fee using any credit card or other payment mechanisms we have on record for you.
You may not use the Service or its API to substantially replicate products or services offered by Recomendo.
If Recomendo believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access The Services may be temporarily or permanently revoked, with or without notice.
The responsibility of Website Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
This Agreement does not transfer from Recomendo to you any Recomendo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Recomendo. Recomendo, the Recomendo logo, and all other trademarks, service marks, graphics and logos used in connection with The Service are trademarks or registered trademarks of Recomendo or Recomendo’s licensors.
Other trademarks, service marks, graphics and logos used in connection with The Service may be the trademarks of other third parties. Your use of The Service grants you no right or license to reproduce or otherwise use any Recomendo or third-party trademarks.
Recomendo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to The Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Recomendo may also, in the future, offer new services and/or features through The Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Recomendo may terminate your access to all or any part of The Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Recomendo account (if you have one), you may simply discontinue using The Service or uninstall our software, unless otherwise detailed in a contract with Recomendo. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided “as is”. Recomendo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Recomendo nor its suppliers and licensors make any warranty that The Service will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, The Service at your own discretion and risk.
Limitation of Liability
In no event will Recomendo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Recomendo under this agreement during the twelve (12) month period prior to the cause of action. Recomendo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Recomendo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Recomendo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Recomendo, or by the posting by Recomendo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of The Service will be governed by the laws of Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Marbella, Málaga.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Recomendo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.