Reflektion, Inc.

Reflektion, Inc., a Delaware corporation, (“Reflektion,” “we,” or “our”) provides commercial ecommerce, analytics and marketing services through our software products and services (the “Services”) and its web site located at www.reflektion.com (the “Corporate Site”), including any and all content, programs, applications, text, data, information and images (“Content”) to you subject to these terms of use (“Terms of Use”). The Services are available directly or embedded in the background of our corporate clients’ commercial web sites and mobile web sites (collectively, with our Corporate Site, the “Web Sites”). By using the Web Sites, you accept and agree to comply with these Terms of Use. If you do not agree to these Terms of Use, do not use the Web Sites.

We may, in our discretion, modify, edit, translate, suspend, restrict access to or terminate our Corporate Site, the Services or any link at any time without liability or prior notice. We may also, in our discretion, terminate any party’s right or access to our Corporate Site and/or the Services. Additionally, access to our Services may be suspended or terminated at any time by our corporate clients.

These Terms of Use were last updated on December 31, 2014. We reserve the right to modify, amend, add to, replace or remove these Terms of Use at any time. You are advised to check the Terms of Use and Privacy Policy, found at www.reflektion.com/privacy.html, for updates whenever you visit the Corporate Site or otherwise access our Services.

1. USE OF THE SERVICES AND WEB SITE

Portions of the Corporate Site are accessible publically to all users (“General Corporate Site”). Other portions of the Corporate Site are restricted pages, only available to users who we have specifically permitted access (“Registered User Site”). You may only use the General Corporate Site, subject to the Terms of Use set forth herein, for your personal, informational, and non-commercial use, without modification or alteration of the Corporate Site in any way.

Use of the Registered User Site is subject to the Terms of Use set forth herein as well as the relevant terms and conditions of your, or your employer’s, agreement with Reflektion and to any terms and conditions, restrictions and license agreements set forth in the Registered User Site with respect to the Services.

Use of the Services through our corporate client sites is subject to the Terms of Use set forth herein as well as the relevant terms and conditions, restrictions and license agreements set forth in the corporate client sites.

All Content in the Web Sites should be presumed to be confidential and proprietary to Reflektion or our corporate clients, and, unless specifically permitted in writing by Reflektion and/or the applicable corporate client, you may not reproduce, copy, sell, publish, distribute, modify or display such Content. You may not remove or modify any copyright or other proprietary notices associated with the Services. 

2. OWNERSHIP

The Corporate Site, the Services, the Content, and any copyrights, trademarks, patents, trade secrets or other intellectual property rights in such Content (“Intellectual Property Rights”), is the property of Reflektion or our licensors. You may not use the Services, any Content of the Web Site unless specifically permitted by the Content or these Terms of Use.

Reflektion Xplorer™, is a trademark of Reflektion, Inc. All other trademarks are the property of their respective owners.

3. USER CONTENT

Except as provided in the Reflektion Privacy Policy, or in a separate, written agreement between you or your employer and Reflektion, any Content that you submit to us using a Web Site (“User Content”) will be deemed non-confidential. That is, we may disclose it to any party without your permission and you grant to Reflektion a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, sell, publish, distribute, modify, translate, adapt, display, perform, promote, link to or otherwise use in any form or media, any User Content. We are not obligated to use or post any user Content you submit, and we make no representations or warranties regarding any User Content found on a Web Site.

You may not submit to Reflektion or a Web Site any User Content that you are not authorized to submit, and you confirm that User Content does not and will not infringe upon any other party’s Intellectual Property Rights. Reflektion undertakes no obligation to verify your right to use User Content or submit it to a Web Site.

You may not (a) submit User Content that is not functionally and technically compatible with a Web Site; (b) damage, corrupt, tamper with or infect the Web Sites, Content or any telecommunication system of Reflektion or our corporate clients with a virus or other malicious computer program (or attempt to do any of the foregoing); (c) engage in “spamming,” send, create or reply to “mailbombs,” or undertake any other activity that may adversely affect the use, functionality or enjoyment of Web Sites by anyone; or (d) compromise the security of a Web Site, or anyone’s User Login or account.

Furthermore, you may not engage in any conduct in connection with Web Sites, (including the submission of User Content) that: (a) is illegal, misappropriated, infringing or dilutive; (b) is inaccurate or misleading; (c) is threatening or harassing; (d) is defamatory, libelous or in violation of anyone’s privacy rights; (e) is obscene, offensive or otherwise inappropriate; or (f) you do not have a right to engage in, including but not limited to providing inside information or information that you are prohibited from disclosing because of your obligations to another party such as your employer.

We may or may not elect to pre-screen, monitor, or edit any User Content posted in connection with Web Sites. However, Reflektion has the sole and exclusive discretion to remove any User Content that, in our judgment, fails to comply with these Terms of Use or the law, or is otherwise objectionable. Reflektion is not responsible for any failure or delay in removing such User Content.

You agree that if you engage in any behavior that violates these Terms of Use, Reflektion may release your details to system administrators of Web Sites and law enforcement agencies to assist them in resolving such incidents of misconduct. You also agree to cooperate with Reflektion if Reflektion suspects that you or another party has breached these Terms of Use or laws applicable to a Web Site.

4. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY; NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE

Reflektion respects the intellectual property rights of others. We request the same of the users of the Corporate Site. Reflektion is not responsible for content on other web sites that you may find or access when using Reflektion products or services. Content available on or through other web sites, including our corporate clients’ web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. With respect to your use of such content, the terms of use of those web sites, and not the Reflektion Terms of Use govern.

It is Reflektion’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the web pages or accounts of users of our web site who may infringe the copyrights or other intellectual property rights of Reflektion and/or others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Reflektion’s copyright agent with the following information:

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • A description of where the material that you claim is infringing is located on the Reflektion site, with enough detail so that we may find it on the web site;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • Your mailing address, telephone number, and email address;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Reflektion’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent c/o REFLEKTION, INC.
777 Mariners Island Blvd. Suite 510
San Mateo, California 94404 

By phone:
(844) 733-5358

By email:
copyright@reflektion.com*

*For security concerns, attachments cannot be accepted. Notices of infringement submitted electronically with an attachment may not be received or processed.

5. REGISTRATION AND PASSWORDS

To gain access to the Registered User Site, we may require a user name and password (“User Login”). Any information you provide to us to establish or use your User Login must be accurate and complete. You must keep the information current over time. You are responsible for maintaining the confidentiality of your User Login. You are responsible for all activities that occur under your User Login. You agree to notify us immediately, at info@reflektion.com, of any loss, theft or unauthorized use of your User Login. We reserve the right to modify, revoke or refuse a User Login to you or any other party.

Keep in mind, if you receive access to the Registered User Site through your employer without the necessity of a User Login, you must still comply with these Terms of Use.

6. SOFTWARE

 Software that Reflektion makes available through Web Sites is the copyrighted work of Reflektion or its licensors. Your use of such software is subject to the terms and conditions of Reflektion’s end user license agreement (“EULA”) applicable to the software, or the applicable written agreement between you, or your employer, and Reflektion regarding the software, as either may be amended from time to time. Any other use is expressly prohibited by Reflektion. By accessing software from the Web Sites, you confirm that you will not download, use or transmit any software in violation of any export control laws or regulations, including but not limited to U.S. and European export control laws and regulations.

7. HYPERLINKS

You agreed to give us prior written notice, to info@reflektion.com, if you wish to link any other web page to our Corporate Site. Framing of the Corporate Site is prohibited. We reserve complete discretion to refuse anyone permission to link to the Corporate Site.

8. THIRD PARTY WEB SITES AND INFORMATION

Reflektion has no obligation to control, monitor, or restrict the use of the Web Sites, or any third party web sites available via links to or from the Corporate Site. Reflektion is not responsible for the content, accuracy, compliance with laws or any other aspects of non-Reflektion web sites. The inclusion of a link on the Corporate Site does not imply any endorsement or verification of the linked site by Reflektion. Reflektion does not have any obligation to verify any User Content submitted by a user or to provide you with any information regarding any Content, User Content, third party or user.

9. DISCLAIMERS

THE SERVICES AND THE WEB SITES, INCLUDING ANY CONTENT, LINKS, AND SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES OR THE WEB SITE (“ASSOCIATED MATERIALS”), ARE PROVIDED ON AN “AS IS” BASIS. REFLEKTION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE WEB SITES AND ASSOCIATED MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE ABOVE WARRANTIES, THE REMAINING EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY

REFLEKTION SHALL HAVE NO LIABILITY TO YOU, UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND RELATING TO OUR OBTAINING, POSSESSING, MAINTAINING, OR DISCLOSING, INTENIONALLY OR INADVERTANTLY, YOUR PERSONAL INFORMATION OR DATA COLLECTED IN THE AGGREGATE AS DEFINED IN OUR PRIVACY POLICY, OR YOUR USE OR INABILITY TO USE THE SERVICES OR THE WEB SITES, THEIR CONTENT, LINKS AND SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, INTERRUPTION OF WORK OR COMPUTER OR SYSTEM FAILURE), EVEN IF REFLEKTION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

11. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REFLEKTION, INCLUDING ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LIABILITIES OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE WEB SITES.

12. DISPUTE RESOLUTION, CHOICE OF LAW, ETC.

All disputes relating to the Services or the Web Sites and your use of the Services or the Web Sites, including but not limited to breaches of these Terms of Use and the Privacy Policy, shall be governed by the laws of the State of California without giving effect to any law or rule that would cause the laws of any other jurisdiction to be applied. You consent to the exclusive jurisdiction of and venue in the State and Federal courts of San Mateo County, California, and agree that such courts shall be the only appropriate venue for any action.

If a court of competent jurisdiction finds that any provision of these Terms of Use or the Reflektion Privacy Policy is invalid or unenforceable, such provision will be deemed stricken without effect on the remaining provisions, which shall remain in full force and effect.

13. CONTACTING REFLEKTION

If you have an inquiry regarding the Services, a Web Site or these Terms of Use, including a report of any behavior in connection with the Corporate Site that violates these Terms of Use or applicable laws, please contact us at info@reflektion.com. You may also contact us via mail at:

REFLEKTION, INC.
777 Mariners Island Blvd. Suite 510
San Mateo, California 94404


*The Gartner Cool Vendor Logo is a trademark and service mark of Gartner, Inc., and/or its affiliates, and is used herein with permission. All rights reserved. Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings or other designation. Gartner research publications consist of the opinions of Gartner’s research organization and should not be construed as statements of fact. Gartner disclaims all warranties, expressed or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.