The following terms and conditions constitute an agreement between you and Recoil, LLC (“Recoil,” “we,” or “us”), the operator of RecoilNJ.com (the “Site”). These terms of use (the “Terms and Conditions”) govern your use of the Site, both as a casual visitor and as a registered user. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF USE AGREEMENT FOR THIS SITE. Also, that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you agree to resolve any dispute that you may have with us, or the Site in the State of New Jersey. Please note that we offer the Site “AS IS” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf. Recoil hereby grants you a limited, revocable, non-exclusive, non-transferable license to access its Site (RecoilNJ.com) and use the Service. Unless otherwise it is specified in writing, the Service is solely for your personal, non-commercial use and not for resale.

Henceforth the term Service shall mean, a) use of the Internet web pages, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Site, as well as all the updates, enhancements and modifications thereto, and all intellectual property contained therein and b) access to the services of Recoil’s Service providers. Recoil always reserves the right and without notice to (i) restrict or prevent your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).

About the Site

The Recoil website is accessible to everyone who visits it and certain areas to only those who ‘register’ with the site and become members. The registered visitor will be able to store information and participate actively with the site and all the services available here. The use of your personal information data stored within the Site is disclosed in the Privacy Policy. All users who have registered as members are encouraged to familiarize themselves with these policies. This Site provides you with content, text, data, graphics, images, information, suggestions, guidance, and other material, including Information provided in direct response to your questions or postings, (collectively, “Information”). The information provided is only to assist you with locating the service providers appropriate for your needs. You acknowledge that you understand this.

Recoil does not make Guarantees, Representations or Warranties whether expressed or implied with respect to professional qualifications, Expertise, Quality of work or other information herein. Further we do not in any way endorse any individual described herein and in no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance to such information.
Recoil highly recommends that appointments with the service providers be confirmed at the appropriate time prior to the scheduled appointment. We have no control over, and cannot guarantee the availability of any of the service providers at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever.

Authorization and Acknowledgement

Recoil website will allow consumers to search for Service Providers, by location, and be able to schedule appointments based on the published schedule by the Service Providers (and their individual resources). However, you understand that:

The ultimate responsibility of choosing a Service Provider rests solely with you;

• Recoil will provide you with a list of Service Providers to deliver the services you are seeking based solely on the information you provide. This information could include your geographical location, the type of service you are looking for or any additional criteria that you specify.
• However, Recoil (i) does not recommend or endorse any Service Provider, (ii) does not make any representations or warranties with respect to these Service Providers or the quality of the service they may provide and (iii)does not receive any additional fees from such Service Providers for featuring them through the Services;

Registration

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to info@recoilnj.com.

During registration you will also be asked to provide certain essential information/data that is necessary to create your profile and provide you with the services of your choice. You must provide accurate, complete, and current registration information and you agree to provide Recoil with any updates to that information promptly after Recoil’s request. Failure to maintain accurate information could hinder the quality of service on this site.

Your Responsibilities

You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

• Fraudulently misuse the Services by scheduling an appointment with a Service Provider which you have no intention of keeping;
• Create user accounts by automated means or under false or fraudulent pretenses; or
• Access retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the Service Providers;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph
• copy, modify, adapt, translate or reverse engineer any portion of the Site, its content or materials and/or the Services
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• express or imply that any statements you make are endorsed by us, without our prior written consent;
• transmit
  • any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights,
  • any material, non-public information about individuals or companies without the authorization to do so,
  • any trade secret of any third party, or
  • any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
• transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
• harvest or collect information about Site visitors or members without their express consent.

In addition to our rights in these Terms and Conditions we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

You also agree that Recoil is not liable for the services provided by Service Providers for appointments booked through Recoil.

Changes to These Terms and Conditions

We may change these Terms and Conditions at any time, as we reasonably deem appropriate. Upon any change in these Terms and Conditions, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms and Conditions, the modification and agreement to abide and be bound by the same, as amended. If at any time you choose not to accept these Terms and Conditions, including the following receipt of notification of any modifications hereto, then please do not use the Site.

Links to Other Sites

The Recoil Web sites may contain links to other sites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that Recoil is not responsible for the privacy practices of these other sites. We encourage you to look for and review the privacy statements of each Web site that you visit through a link or advertisement on Recoil.

Content You Post or Submit

Recoil provides you with an opportunity to submit feedback regarding your experiences with the different services provided on the website. It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the services and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments.

We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

• You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates, or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Recoil.
• You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that Recoil may (but is not obligated to) review and delete any Posted Content that in the sole judgment of Recoil violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
• You agree that you will only provide Posted Content that you believe to be true, and you will not purposely provide false or misleading information.
• By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Recoil, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Recoil shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Recoil users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
• The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Recoil reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that
  • is false or intentionally misleading;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or “spamming”;
  • violates the intellectual property or other rights of any person;
  • is threatening, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

Your Use of Content

Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Recoil’s proprietary information. We give you permission to use the content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Recoil and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Recoil to you are retained by Recoil.

Disclaimer of Warranties

We provide the Site and the Services “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” We make no express or implied Warranties or Guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such Warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing .We do not Guarantee that the result that may be obtained from the use of the Services will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness, or completeness of information provided by users of the Site or any other data or information provided or received through the Site. Except as expressly set forth herein, Recoil makes no warranties about the information systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information.

Recoil does not warrant that the Site or the services will operate error-free, that loss of data will not occur, or that the Services software or Site will be free of computer viruses, contaminants, or other harmful items.

General Limitation of Liability

Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Services or the Site, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the site or the services or (b)in no event shall we be liable to you(or to any third party claiming under or through you)for any indirect ,special,incidental,consequential or exemplary damages arising from your use of, or inability to use ,the site and /or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damage or losses. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Recoil shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation, or termination.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms and Conditions by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising because of our own gross negligence or intentional misconduct.

Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically.

Entire Agreement

These Terms and Conditions and any supplemental terms, policies, rules, and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Recoil to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Choice of Law and Dispute Resolution

These Terms and Conditions shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New Jersey as applied to contracts made and to be performed entirely within New Jersey, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms and Conditions, or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New Jersey, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you can discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer, or sublicense these Terms and Conditions to anyone else and any attempt to do so in violation of this section shall be null and void.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions to “”you”” shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter these Terms and Conditions and to abide by all of them set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.